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Murer Update – Senate Passes the Bipartisan Budget Act of 2015

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Murer Update – Senate Passes the Bipartisan Budget Act of 2015

The Senate voted and passed the Bipartisan Budget Act of 2015 at approximately 1:00 AM today. The Act was previously passed by the House of Representatives. This morning, President Obama stated that he will sign the bill into law “as soon as it reaches [his] desk.” As previously reported by Murer, this Budget carries implications to treatment of off-campus provider-based outpatient departments.

The following are not affected by this Act:

• Providers currently billing hospital off-campus provider-based outpatient departments under the Medicare Outpatient Prospective Payment System (“OPPS”) are “grandfathered” and will not be affected by this change.

• On-campus provider-based services (generally those within 250 yards of the hospital’s main building) also remain unaffected.

• Items and services furnished by a hospital in a “dedicated emergency department,” regardless of whether it is located on or off campus, are specifically exempted.

As of the date President Obama signs the Act into law, any new off-campus provider-based facilities will no longer be eligible to receive OPPS reimbursement. Effective January 1, 2017, these facilities will essentially be treated as traditional physician offices and must bill accordingly.

Nevertheless, it remains unclear how this Act will impact 340B off-campus child sites and provider-based compliance going forward. Murer anticipates extensive refinements through enabling regulations will be needed to ascertain the full impact of this new legislation.

Murer will continue to provide detailed updates as the regulatory process unfolds with regard to this new legislation.

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