Prospect Medical files $1.5M suit against HHS, CMS over ASC reimbursements

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Prospect Medical, parent company of Upland, Pa.-based Crozer Health, is suing HHS, CMS and others alleging they violated an automatic stay order after the company’s bankruptcy was filed in January, Philadelphia Business Journal reported Aug. 13. 

What happened?

  • The July 11 complaint seeks at least $1.5 million in reimbursement for care provided to Medicare and Medicaid patients at five Crozer Health ASCs and imaging centers.
  • Prospect claims it expected to receive Medicare reimbursement for part of this care, based on ongoing settlement talks with CMS. 
  • However, the lawsuit states that on July 1, CMS retroactively terminated Medicare enrollment effective June 21. Prospect alleges this move suggested settlement discussions could only continue if it paid more than $8 million owed to CMS prior to the bankruptcy,  a violation of bankruptcy protections.
  • The suit names HHS Secretary Robert F. Kennedy Jr. and CMS administrators, including Mehmet Oz, MD, as defendants.

At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.

Register to Attend Webinar

Is ambulatory care healthcare’s big margin engine? 4 leaders weigh in

Wednesday, July 29
1:00 PM - 2:00 PM CDT

Presenters: Joe Ganley, athenahealthJeffrey Flynn, CASC, Gramercy Surgery CenterBryan Tsao, Access Center, Loma Linda University HealthJason Zepeda, Northridge Hospital Medical Center, CommonSpirit HealthGreg DeConciliis, PA-C, CASC, Boston Out­Patient Surgical Suites

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