CMS’s OPPS Drug Acquisition Cost Survey: Navigating Payment Risk, Compliance Exposure, and Litigation Strategy | McDermott Skip to main content

CMS’s OPPS Drug Acquisition Cost Survey: Navigating Payment Risk, Compliance Exposure, and Litigation Strategy

CMS’s OPPS Drug Acquisition Cost Survey: Navigating Payment Risk, Compliance Exposure, and Litigation Strategy

Overview


As hospitals continue to grapple with payment pressures under the calendar year (CY) 2026 Hospital Outpatient Prospective Payment System (OPPS) final rule, a more complex challenge is taking shape: CMS’s finalized drug acquisition cost survey. What may appear to be a routine reporting exercise carries significant financial, compliance, and litigation risk—risks that will extend well beyond the survey period itself.

During this webinar, McDermott Will & Schulte’s healthcare regulatory and reimbursement lawyers will discuss:

  • An in-depth look at the CMS drug acquisition cost survey
  • Why the survey represents a strategic inflection point for hospitals
  • Practical considerations for navigating survey participation, data integrity, and potential reimbursement and enforcement implications

CLE credit is pending. McDermott Will & Schulte is an approved provider and can provide credit in California, Illinois, and New York. McDermott Will & Schulte is a sponsor and will apply for credit in Delaware, Florida, Georgia, Tennessee, Texas, and Virginia when lawyers licensed in these jurisdictions are in attendance. We can issue reciprocal credit for lawyers licensed in Connecticut and New Jersey. For all other jurisdictions not listed, attendees will be provided with a Universal Certificate of Attendance which they may use to self-apply for CLE credit in their state of admission. Attendees should contact their state’s CLE Board for current rules, regulations, and guidance.

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