The points that are listed in its post:
- Rules were to be published in the Federal Register within 60 days of enactment and subject to public comment and instead, we have only a portion of the statutory mandated regs long after the deadline set by Congress with no public comment period.
- November 15th has passed and we do not know what the 2014 MSP exclusion amount will be.
- Rules haven’t even been proposed for reporting penalties and the rules we did get for express conditional payment determinations contradicts the statute.
- Where Congress provided a 120-day window to resolve claims, within which CMS was given a 65-day opportunity to clean up its records before it was forced to live with only known billing, CMS added both periods together and made it a 185-day window with several exceptions.
- In general, simply more of what we have come to expect from CMS with regard to its MSP efforts.