Bindinglaw

US · guidance

CMS Pub. 100-04, ch. 3, § 20.4.6

New Hospitals

activein force · 2026-08-25 – presentas-observed

A3-3611.6

New hospitals that open during the national 10-year transition are exempt from capital PPS

payment for their first two years of operation. A new hospital is one that does not have a 12-month cost reporting period that ended on or before September 30, 1990. The new hospital

exemption does not apply to:

• A new acute care hospital that operated as a PPS excluded hospital for 2 or more

years before its transition to PPS;

• A hospital which has been open more than 2 years, but has participated in Medicare

fewer than 2 years;

• A hospital that closes and reopens within 2 years under the same or different

ownership; or

• A hospital that builds a new or replacement facility at the same or a new location,

even if a change of ownership or new leasing arrangements are involved.

A new hospital is paid 85 percent of its reasonable costs for capital during the exemption

period. The hospital's second year of operation is the base period for determination of the

hospital-specific rate and old capital assets. Effective with its third year of operation, the

hospital is paid:

• The fully prospective methodology if the hospital-specific rate is less than the Federal

rate. The A/B MAC (A) uses the blend rate applicable to the Federal FY in which the

base period begins. For example, a new hospital with a hospital-specific rate less

than the Federal rate and a base year beginning in FY 1995 is paid 70 percent of its

hospital-specific rate and 30 percent of the Federal rate; or

• The hold harmless methodology if the hospital-specific rate is greater than the

Federal rate. Hold harmless payments may continue for up to 8 years. They may

continue beyond the first cost reporting period that begins on or after October 1,

2000.

History

(Rev. 1, 10-01-03)

Provenance

Source
cms.gov
Retrieved
2026-08-25
Edition
iom-2026-08-25
Content hash
3ae3cd094045ca6eeea5dd78060039426ecf6ee9571d0750e792b877b4db53cd
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.