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AHA, other groups: It's wrong to tell hospitals they 'are to' complete drug acquisition cost survey

By AHA.org  
   January 13, 2026

Several healthcare groups this week told CMS it is wrong to tell hospitals and health systems they 'are to' complete the agency's Outpatient Prospective Payment System Drug Acquisition Cost Survey and urged CMS to correct an FAQ issued on the matter. 'We respectfully ask that you correct the FAQ,' the groups wrote to CMS. 'If federal law does not impose any specific consequences on hospitals for not completing the survey, it is confusing to suggest that hospitals 'are to' complete it.' CMS recently finalized a new drug acquisition cost survey for all hospitals paid under the OPPS for separately payable drugs. The results of the survey would be compiled and used to set payment rates for separately payable drugs in the calendar year 2027 rulemaking. In the final rule, the agency explicitly stated: 'We agree that section 1833(t)(14)(D) of the Act does not itself mandate specific consequences … on hospitals for failing to respond to that survey.'

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