42 C.F.R. § 413.124

Reduction to hospital outpatient operating costs

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(a) Except for sole community hospitals, as defined in § 412.92 of this chapter, and critical access hospitals, the reasonable costs of outpatient hospital services (other than capital-related costs of these services) are reduced by 5.8 percent for services furnished during portions of cost reporting periods occurring on or after October 1, 1990 and until the first date that the prospective payment system under part 419 of this chapter is implemented.

(b) For purposes of determining the blended payment amounts of ambulatory surgical center approved surgical procedures performed in the hospital outpatient setting under § 413.118 and hospital outpatient radiology services and other diagnostic procedures under § 413.122, the reduction is applicable only to the hospital-specific portion of the blended payment amounts.

[57 FR 36017, Aug. 12, 1992, as amended at 59 FR 26960, May 25, 1994; 62 FR 46037, Aug. 29, 1997; 65 FR 18542, Apr. 07, 2000]
Notes of Decisions
Louisiana Department of Health & Hospitals v. Center for Medicare & Medicaid Services (2003) ca5 “Under 42 C.F.R. § 413.124 , “the reasonable costs of outpatient hospital services (other than capital-related costs of such services) are reduced by 5.”
St. Barnabas Hospital v. Thompson (2001) nysd “42 C.F.R. § 413.124 . 8 . Good. Samaritan Hosp.”
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