Summary

GAO reviewed the Centers for Medicare and Medicaid Services (CMS) new rule on changes to Hospital Outpatient Prospective Payment System and the Ambulatory Surgical Center (ASC) Payment System and CY 2009 rates, requirements for approval and re-approval of transplant centers to perform organ transplants, and changes to the ASC conditions for coverage. GAO found that (1) the final rule revises the Medicare hospital outpatient prospective payment system to implement changes made by the Medicare Improvement for Patients and Providers Act, revises the Medicare ASC payment system to implement applicable statutory requirements, updates the ASC conditions for coverage to "promote and protect patient health and safety," and clarifies policy statements regarding the Secretary's ability to terminate Medicare providers and suppliers during an appeal of a determination that affects participation in the Medicare program; and (2) with the exception of the 60-day delay in the effective date, CMS complied withe applicable requirements in promulgating the rule.