Upcoming Rulemaking for Survey and Enforcement Requirements for Hospice Programs

Mary Madison, RN, RAC-CT, CDP 
Clinical Consultant – Briggs Healthcare

On October 20, 2021, CMS posted QSO-22-01-Hospice.

Discussion:

In current rulemaking, CMS outlines the statutory requirements and dates included in the CAA 2021. Given that some statutory timelines are effective prior to the effective date of the final rule, CMS’s ability to conduct compliance monitoring activities for these provisions will be limited until sixty (60) days from the effective date of the new hospice survey and enforcement regulations in the CY 2022 HH PPS final rule. State Agencies (SAs) and AOs are expected to comply with these and all applicable statutory requirements and are bound by the reasonable interpretation of the CAA 2021 in the absence of implementing regulations.

References:

The CY 2022 HH PPS proposed rule is located in the Federal Register (86 FR 35874) at: https://www.federalregister.gov/documents/2021/07/07/2021-13763/medicare-and-medicaidprograms-cy-2022-home-health-prospective-payment-system-rate-update-home.

Sec. 407 of the CAA 2021 Hospice Provisions (beginning on page 4775/5593): https://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS-116HR133SA-RCP-116-68.pdf.    

Contact: For questions or concerns relating to this memorandum, please contact: QSOG_Hospice@cms.hhs.gov.

Effective Date: Immediately. This memo should be communicated with all survey and certification staff, their managers, and the State/CMS Location training coordinators within 30 days of this memorandum.

[NOTE: Please read the entire QSO Memorandum, especially the Background information.]