HAP Resource Center

Advocacy Correspondence: CMS Comment Letter, OPPS and ASC Proposed Rule, CY 2022

September 17, 2021

Chiquita Brooks-LaSure
Centers for Medicare & Medicaid Services
U.S. Department of Health and Human Services
P. O. Box 8013
Baltimore, MD  21244-1850

RE: CMS-1753-P, Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Price Transparency of Hospital Standard Charges; Radiation Oncology Model; Request for Information on Rural Emergency Hospitals; Proposed Rule, August 4, 2021

Dear Administrator Brooks-LaSure:

On behalf of The Hospital and Healthsystem Association of Pennsylvania (HAP), which represents approximately 240 member institutions, we appreciate the opportunity to comment about the Centers for Medicare & Medicaid Services’ (CMS) hospital outpatient prospective payment system proposed rule for calendar year (CY) 2022.

HAP applauds two significant policy reversals included in this year’s proposed rule. Specifically, the proposed reversal of the elimination of the inpatient-only list and the reinstatement patient safety criteria for adding procedures to the ambulatory surgical center covered procedures list. HAP also supports proposals to maintain important telehealth flexibilities granted during the Public Health Emergency (PHE).

However, HAP adamantly opposes the proposed significant increases to the civil monetary penalty for non-compliance related to the mandated disclosure of negotiated rates as well as continued payment cuts for 340B drugs.

We also reiterate our position against continuing site-neutral payment reductions. CMS should reverse its unlawful and harmful policy reducing payment for outpatient clinic visits in excepted provider-based hospital outpatient departments.

The following comment letter also addresses changes to:

  • Radiation Oncology Model
  • Hospital Outpatient Quality Reporting Program
  • Payment for Non-Opioid Alternatives

In addition, we incorporate, by reference, all of the comments provided in the American Hospital Association’s response to the proposed rule.

Thank you for your consideration of HAP’s comments about this proposed rule regarding outpatient payment and other provisions related to hospitals and the patients they serve in Pennsylvania.

If you have any questions, contact Kate Slatt, vice president, innovative payment and care delivery, at (717) 561-5317.



Jeffrey Bechtel
Senior Vice President, Health Economics and Policy



Topics: Affordable Prescription Drugs, Billing/Transparency, Emergency Preparedness, Federal Advocacy, Medical Liability, Regulatory Advocacy, Telehealth

Revision Date: 9/17/2021

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