Yesterday, the American Hospital Association and several other health care groups and individual hospitals filed two suits against the Department of Health and Human Services over the long-term legality of the two midnight rule. Among other items, the suits allege that the rule is arbitrary, places undue burdens on hospitals based on unlawful standards, requires documentation that is not authorized by law and refuses proper Medicare reimbursements for some inpatient stays. The suit, filed in the DC Federal District Court, is yet to be scheduled for motions or trial.

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