CMS Delays Effective Date for Home Health Conditions of Participation

PUBLISHED: Jul 10, 2017
Relevant to: Home Health

The Centers for Medicare and Medicaid Services (CMS) has issued a notice of extension for the effective date of the final rule implementing changes to Conditions of Participation (CoPs) for Home Health Agencies. The effective date of July 13, 2017 has been moved to January 13, 2018. Additionally, CMS is making two conforming changes to dates that appear in the final rule.

First, CMS included a phase-in date for the requirements at §484.65(d) -- “Standard: Performance improvement projects.” This phase-in date allowed Home Health Agencies (HHAs) an additional 6 months after the January 2017 HHA CoPs final rule became effective to collect data before implementing data-driven performance improvement projects. CMS continues to believe that it is appropriate to phase-in the performance improvement project requirement 6 months after the provisions of the January 2017 HHA CoPs final rule become effective. Therefore, CMS is revising the phase-in date for the requirements at §484.65(d) by replacing the January 13, 2018 date with a July 13, 2018 date.

Second, CMS proposed to revise §484.115(a) -- “Standard: Administrator, home health agency.” In this provision, CMS grandfathered in all administrators employed by HHAs prior to the effective date of the January 2017 HHA CoPs final rule, meaning that those administrators employed by an HHA prior to July 13, 2017 would not have to meet the new personnel requirements. CMS is replacing the July 13, 2017 effective date at §484.115(a) (1) and (2) with the proposed effective date of January 13, 2018.

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