On April 26, 2023, the House Energy and Commerce Committee Health Subcommittee held a legislative hearing on 17 healthcare bills, including one that would direct the Centers for Medicare & Medicaid Services (CMS) to implement site neutral payments based on where services are most commonly provided.
Although the bill to implement site neutral payments was offered and then withdrawn at the full committee markup on May 24th, it is likely that site neutral payment policies will be of interest to lawmakers later this year.
This article analyzes the House Energy and Commerce Committee Health Subcommittee site neutral legislation to identify the items and services that would likely be impacted, and to identify limitations with using the Medicare disproportionate share patient percentage in determining which hospitals are eligible for financial protections.