42 C.F.R. § 412.324

General description

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(a) Hospitals under Medicare in FY 1991. During the ten-year transition period, payments to a hospital with a hospital-specific rate below the Federal rate are based on the fully prospective payment methodology under § 412.340 or for a hospital with a hospital-specific rate above the Federal rate, the hold-harmless payment methodology under § 412.344.

(b) New hospitals. (1) A new hospital, as defined under § 412.300(b), is paid 85 percent of its allowable Medicare inpatient hospital capital-related costs through its cost reporting period ending at least 2 years after the hospital accepts its first patient.

(2) For the third year through the remainder of the transition period, the hospital is paid based on the fully prospective payment methodology or the hold-harmless payment methodology using the base period determined under § 412.328(a)(2).

(3) If the hospital is paid under the hold-harmless methodology described in § 412.344, the hold-harmless payment for old capital costs described in § 412.344(a)(1) is payable for up to and including 8 years and may continue beyond the first cost reporting period beginning on or after October 1, 2000.

(c) Hospitals with 52-53 week fiscal years ending September 25 through September 29. For purposes of this subpart, a hospital with a 52-53 week fiscal year period beginning September 26 through September 30, 1992 is deemed to have the same beginning date for all cost reporting periods beginning before October 1, 2000 (unless the hospital later changes its cost reporting period).

[56 FR 43449, Aug. 30, 1991; 57 FR 3016, Jan. 27, 1992]
Notes of Decisions
Cited in 3 cases, 2000–2010 · leading case: Bradford Hosp. v. Shalala, 108 F. Supp. 2d 473 (W.D. Pa. 2000).
Bradford Hosp. v. Shalala, 108 F. Supp. 2d 473 (W.D. Pa. 2000). · cites it 4× “See 42 C.F.R. §§ 412.324 (a), 412.344. The regulations provide that two different payment methodologies apply to capital-related costs: the “fully prospective payment” methodology and the “hold harmless” methodology.”
Pinnacle Health Hospitals v. Sebelius, 719 F. Supp. 2d 16 (D.D.C. 2010). “See generally 42 C.F.R. §§ 412.324 et seq. (2010). 3 . Harrisburg Hospital and Seidle Memorial Hospital shared a single hospital license, medical staff and Medicare provider number and were controlled by the same non-profit parent corporation.”
Pinnacle Health Hospitals v. Johnson (D.D.C. 2010). “See generally 42 C.F.R. §§ 412.324 et seq. (2010). 3 Harrisburg Hospital and Seidle Memorial Hospital shared a single hospital license, medical staff and Medicare provider number and were controlled by the same non-profit parent corporation.”
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