The ink has barely dried on the final hospital outpatient department prospective payment system rule, and yet there is already litigation calling into question whether this rule will remain. Like its 2018 rule, the Trump administration has been very aggressive in its 2019 rule about cost cutting with respect to hospital outpatient reimbursement. Recent case law, however, has struck down some of the most questionable elements of the 2018 payment cuts. This litigation is a harbinger of what might happen to the 2019 rule as well. What should hospitals do in such an uncertain environment?
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