The CMS Mitigating Factors Process for Solid Organ Transplant Programs – Notice of Proposed Rule-Making (NPRM) - Informational
Publication of NPRM: CMS-1607-P was published on May 15, 2014. The proposed rule updates the Inpatient Prospective Payment
System (IPPS) for hospitals. The NPRM also includes program updates for certain other acute care providers. This S&C memorandum
summarizes only the proposals related to solid organ transplant programs.
Transplant Mitigating Factors Process: Current regulations permit a transplant program to apply for consideration of mitigating
factors that, if approved, would permit the program to continue to participate in Medicare despite not fully meeting CMS requirements
for patient or graft survival. This proposed rule would clarify the mitigating factors process, increase transparency, and
explicitly recognize CMS willingness to consider program improvements and the use of innovative practices as part of the mitigating