Medicare Program; Treatment of Medicare Part C Days in the Calculation of a Hospital’s Medicare Disproportionate Patient Percentage, 42 CFR Part 412

SUMMARY: Final Action. This final action establishes a policy concerning the treatment of patient days associated with persons enrolled in a Medicare Part C (also known as ‘‘Medicare Advantage’’) plan for purposes of calculating a hospital’s disproportionate patient percentage for cost reporting periods starting before fiscal year (FY) 2014 in response to the Supreme Court’s ruling in Azar v. Allina Health Services, 139 S. Ct. 1804 (June 3, 2019). DATES: The policy set out in this final action is effective August 8, 2023.

Federal Register, June 9, 2023, pp. 37772-37793, at:

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