August 26, 2020
The Centers for Medicare & Medicaid Services (CMS) yesterday released an interim final rule setting forth new COVID-19 related requirements for health care providers and laboratories, among other entities. The rule makes collecting and reporting COVID-19 data a condition of participation for hospitals to participate in the Medicare program, among other changes.
The rule is effective upon publication in the Federal Register. CMS will accept comments for 60 days after it is published.
CMS’s interim final rule:
- Makes the daily collection and reporting of COVID-19-related data a condition of participation for hospitals in the Medicare program, potentially subjecting hospitals to termination from participation in the Medicare and Medicaid programs for noncompliance.
- Implements new laboratory reporting requirements in accordance with the CARES Act, subjecting noncompliance to potential civil monetary penalties.
- Instructs surveyors to inspect nursing homes for adherence to new COVID-19 testing requirements with the potential for civil monetary penalties in instances of violations.
- Proposes to update the performance period for the SNF VBP program in light of the extraordinary circumstance exception extended to the value programs.
- Clarifies that CMS will not use any data from quarters 1 and 2 of 2020 in calculating performance in future years of certain Hospital Value Programs.
- Clarifies that insurers offering temporary premium credits to enrollees should report the actual premiums billed each month.