Las Vegas Review-Journal

Under ‘observatio­n,’ some hospital patients face big bills

- By Paula Span New York Times News Service

In April, Nancy Niemi entered Vidant Medical Center in Greenville, N.C., with cardiac problems. She stayed four nights, at one point receiving a coronary stent.

Then she went home, but felt faint and took several falls. Five days later, her primary care doctor sent her back to the hospital. This time, her stay lasted 39 days while physicians tried various medication­s to regulate her blood pressure.

Though they eventually succeeded, Niemi, 84, a retired insurance agent, had grown so weak that she could no longer walk.

“They said, ‘She really needs to go to a skilled nursing facility for physical therapy,’” recalled her son Tom Krpata, 63, who’d come from his home in Holliston, Mass., to be with her.

He agreed, but soon learned one of the brutal truths of Medicare policy: Patients can be hospitaliz­ed for days, can undergo exams and tests, can receive drugs — without ever officially being admitted to the hospital.

Instead, they’re “under observatio­n,” which means they are outpatient­s, not inpatients. That can bring financial hardships — including lack of coverage for subsequent nursing home care.

That is why Niemi, on observatio­n status through both hospital stays except for one night, had to pay for rehab herself. “By declaring her an outpatient, they really took away her Medicare benefits,” Krpata said.

Patients can appeal virtually any other claim that Medicare denies. But there is no way to appeal observatio­n status. Even Niemi’s congressma­n, contacted by her family, could not help.

But a recent ruling in a case that has bounced through the courts since 2011 may be a harbinger of changes to come.

On July 31, a federal judge in Connecticu­t certified a class in a class-action lawsuit: all Medicare recipients who have been hospitaliz­ed and received observatio­n services as outpatient­s since Jan. 1, 2009.

That means hundreds of thousands of people, Niemi among them, will be eligible to join the suit against the Centers for Medicare and Medicaid Services, with a trial expected next year.

 ?? DAVID PLUNKERT / THE NEW YORK TIMES ?? When people are declared “under observatio­n” at hospitals as outpatient­s, use of their Medicare benefits can be affected, but a recent court case may change that.
DAVID PLUNKERT / THE NEW YORK TIMES When people are declared “under observatio­n” at hospitals as outpatient­s, use of their Medicare benefits can be affected, but a recent court case may change that.

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