After conducting a retrospective review of existing federal regulations, the Centers for Medicare & Medicaid Services (CMS) has issued two final rules aimed at eliminating regulations on hospitals and other health care providers that have become unnecessary, obsolete or overly burdensome. These rules were issued in response to Executive Order 13563, in which President Obama called upon various federal agencies to “modify, streamline, or repeal” regulations that have become outmoded or impose unnecessary burdens. The first rule updates the Medicare Conditions of Participation (CoPs) for hospitals and critical-access hospitals (CAHs). The second, known as the Medicare Regulatory Reform rule, impacts both hospitals and other providers/suppliers of health care, including ambulatory surgical centers. Both rules will become effective 60 days from the date of their publication in the Federal Register.Revisions to the Conditions of ParticipationThe following are among the changes made by the final rule revising the CoPs:
Other revisions and updates were also made to the language and definitions in the CoPs, some of which had become outdated or internally inconsistent.Medicare Regulatory Reform RuleThe Medicare Regulatory Reform Rule includes the following changes:
The Medicare Regulatory Reform Rule also made other changes to outdated terminology and eliminated publishing errors and redundancies in existing regulations. For example, the rule adopts a nomenclature change from the term “recipient” to “beneficiary” throughout the regulations, and removed outdated Medicaid personnel qualifications language for physical and occupational therapists in favor of updated descriptions under existing Medicare regulations.For further information on these changes, please contact Angela M. Rust or your regular Hinshaw attorney.
This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.