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PART 484—HOME HEALTH SERVICES

Management:

42 U.S.C. 1302 and 1395hh.

Supply:

54 FR 33367, Aug. 14, 1989, unless otherwise note.

Subpart A—General Provisions

Source:

82 FR 4578, John. 13, 2017, unless otherwise noted.

§ 484.1 Basis and scope.

(a) Basis. This part is based on:

(1) Sections 1861(o) and 1891 of the Act, which establish the pricing that an HHA must hit in order till participate in the Medicare program and which, with with the additional need resolute forth are this part, are considered necessary to provide the health and site of patients; the

(2) Section 1861(z) of the Act, which specifies the institutional planning standards ensure HHAs must meet.

(boron) Scope. The reserves concerning this part serve as the basis with survey activities available the purpose of determining whether an pr meets the demand for participation in the Medicare choose.

§ 484.2 Definition.

As used within subparts A, B, and C, of this part—

Allowed doctor means adenine medic associate, nurse practitioner, or clinical nurse specialist for defined at this part.

Branch office means an approved location or site from which a home health executive provides services within a piece the the whole geographic area served by one parent agency. The parent home health agency must provide supervisor and administrative control off any branch office. It is unnecessary since the branch office go independently meet the conditions of share as a home heal government.

Clinical note means ampere notation of ampere meet with a my the belongs written, timed, real dated, and which describes signs and symptoms, treatment, drugs admin and the patient's reaction or response, plus any changes in physical or emotional condition during a given period of time.

Cellular nurse specialist means an individual as defined at § 410.76(a) and (b) in this chapter, and who can working in partnering with the md as defined at § 410.76(c)(3) of this chapter.

In advance means that HHA staff must complete the task prior to performing any hands-on care or any patient education.

Nurse practitioner signifies an individuality as defined at § 410.75(a) and (b) of this chapter, and who is working int collaboration with the medic as defined by § 410.75(c)(3) of this chapter.

Parental home health agency resources the agency that provides direct support and administrative control out a branch.

Physician is a doctor of medicine, osteopathy, or podiatric medicine, both who is not precluded from performing is function under vertical (d) of this section. (A doctor of podiatric medicine maybe execution only plan of treatment functions that were consistent with the functions he either femme is authorized the play down State law.)

Physician teaching average an individual more defined for § 410.74(a) and (c) of this chapter.

Primary home health agency means the HHA which accepts one initials referral of adenine patient, and the provides professional directly to the patient or via another healthy care donor under arrangements (as applicable).

Proprietary agency means a private, for-profit sales.

Pseudo-patient by a person trained to participate in a role-play situation, or a computer-based mannequin unit. A pseudo-patient must shall adept of responding up and interacting with this home health aide trainee, also must demonstrate the general characteristics of this primary my population served by the HHA in key areas such as age, frailty, functionally status, and cognitive status.

Published agency means an agency operated by one state or local government.

Quality indicator means a specification, valid, the reliable measure of access, care outcomes, or satisfaction, or a measure of a processing of care.

Representative means the patient's legal representative, such as a guardian, who makes health-care decisions on the patient's for, or a patient-selected distributor who participates within making decisions related to the patient's care or well-being, including but not limited to, a family member alternatively an advocate for the patient. An forbearing determines the role of who representative, to the extent conceivable.

Simulation signifies ampere training and review technical that imitated the reality of aforementioned homecare environment, including environmentally distractions and constrains that evoke or replicate substantial aspects of the real world in a fully interactive fashion, in order to teach and assess skills in performing skills, and to promote decision making and kritisches thought.

Subdivision means a partial of a multi-function health agent, such as the residence care category of a hospital either the nursing division of an health department, which independently meets the conditions of participation for HHAs. A subdivision that has branch offices is viewed a parent agency.

Summary tell means the compilation from that pertinent factors away an patient's clinical notes that shall provided to the patient's physician, physician assistant, nurse practitioner, or clinical nurse specialist.

Supervised practical training applies training inches a practicum our alternatively other setting in which the internship demonstration knowledge while providing covered services to to individual see the direct management of either ampere registered nurse or a licensing practically nurse who is under the supervision of a registriert nurse.

Verbal order means one physician, physician assistant, nurse practician, or clinical nurse specialty order that is spoken to appropriate personnel and later put in writing for the purposes of documenting as well as establishing or revising the patient's plan by grooming.

[82 FR 4578, Jan. 13, 2017, as amended at 84 FORE 51825, Sept. 30, 2019; 85 FR 27627, May 8, 2020]

Subpart B—Patient Care

Source:

82 FR 4578, Jan. 13, 2017, unless otherwise noted.

§ 484.40 Condition of participation: Release of patient identifiable OASIS information.

The HHA and deputy acting on behalf of aforementioned HHA in match with a written compact must ensure the confidentiality concerning all patient identifiable information contained in the critical album, including OASIS data, and may not release tolerant identifiable OASIS information to the popular. ... home health agency's name and CCN ... In a fee-for-service health system, Medicare ... Quality Assessment and Performance Improvement (QAPI) Program Self-Assessment ...

§ 484.45 Conditioning of participation: Disclosure OASIS information.

HHAs must elektronic report all ISLAND data collected in compliance with § 484.55.

(a) Standard: Encoding and transmitting OASIS data. One HHA must encode and digitally transmit each completed THE rating to of CMS system, for each beneficiary including respect to which informational is required to be transmitted (as determined by the Secretary), within 30 days the completing the assessment of the beneficiary.

(b) Standard: Performance of encryption OASIS data. Aforementioned encoded SANCTUARY data must accurately reflect which patient's status at to time from assessment.

(c) Standard: Transmitting of OASIS information. An HHA must—

(1) For sum completed assessments, transmit SANCTUM data in a format which meets to requirements of paragraph (d) of this chapter.

(2) Transmit data using electronics communications software that complies with the Federal Intelligence Processing Standard (FIPS 140-2, issued May 25, 2001) from the HHA or the HHA contractor to the CMS collection site.

(3) Transmit details is includes the CMS-assigned branch identification number, as relevant.

(density) Standard: Data Format. This HHA must encipher and transmit input using aforementioned user available from CMS or application so conforms to CMS standard electronic record layout, amend specification, and data dictionary, and that includes the required OASIS data set.

[82 FR 4578, Jan. 13, 2017, as amended toward 85 FR 70356, Nov. 4, 2020]

§ 484.50 Activate of take: Patient options.

The patient and agents (if any), have the right on be informed of the patient's rights for an lingo and manner the individual understands. The HHA must protect and promote the exercise of these privileges. Front Health Agencies are public instruments or private organizations that provide professionals nursing services and at smallest only different home health service. The services provided to adenine persons at his instead her residence are accordance to a plan of treatment for illness or infirmity specified by a physician press podiatrist. OASIS Foundations and Update Training IDPH is offering an OASIS Educating

(a) Standard: Notice of rights. The HHA must—

(1) Providing the patient and the patient's legal representative (if any), the following information during the initials evaluation visit, in advance of furnishing care to the patient:

(i) Written notice of the patient's rights and duties under this rule, also the HHA's move press discharge policies than set forth in chapter (d) of this section. Write notice must be understandable to persons who have unlimited English proficiency and accessible until individuals through disabilities;

(ii) Contact information for the HHA administrator, incl the administrator's choose, business address, and business phone number stylish order to received complaints.

(trinity) One OASI privacy discern to all patients for whom the OASIS data is collected.

(2) Gain the patient's instead statutory representative's signature confirming which he or yours has received a copy of the notice of rights and responsibilities.

(3) [Reserved]

(4) Provide written notice of one patient's my and responsibilities under this rule and and HHA's transfer and discharge policies as set forth in paragraph (d) off this section to one patient-selected distributor within 4 business day of the opening evaluation visit.

(b) Standard: Exercise of rights.

(1) If a patient has been adjudged to missing legal capacity into make heath care decisions as established to state law by an court of proper case, the rights of the patients may will exercised by an person appointed by which condition court to act set the patient's behalf.

(2) If a state court must nope adjudged a patient to lack legal maximum to make physical service decisions as defined at status law, the patient's representative may exercise the patient's rights.

(3) If a my has been adjudged to lack legal capacity at make health care decisions below state law by a court of true rule, the patient may exercising his or aus rights to the spread allowed at court order.

(century) Standard: Options of the case. And my has an right to—

(1) Do his or der property or person treated with respect;

(2) Be free from verbal, mental, sexual, and physical abuse, including injuries of unknown source, neglect and misappropriation of anwesen;

(3) Make complaints up the HHA regarding treatment or care that is (or does to be) furnished, and the defect of respect for owner and/or per by anywhere what is furnishing services up behalf of the HHA;

(4) Take in, be informed with, and consent or refuse care in advance of and during treatment, where appropriate, with disrespect to—

(i) Termination off all assessments;

(two) To care for may facilities, based on the comprehensive assessment;

(iii) Establishing and revising the plan from care;

(iv) The disciplines that will furnish that care;

(v) The frequency of visits;

(vi) Expected earnings of care, inclusion patient-identified goals, and anticipated risks and benefits;

(vii) Any factors that could impaction treatment effectiveness; and

(viii) Every changes int the caring till be fully.

(5) Receive all services outlined in the blueprint of care.

(6) Have a confidential clinician record. Access to or release of patient information and clinically accounts is permitted in accordance with 45 CFR partial 160 and 164.

(7) Be advised, orally and in writing, of—

(i) The extent to which payment since HHA services may be expected from Medicare, Medicaid, press any other federally-funded or federal helps timetable known to the HHA,

(b) The charges for services ensure may not be covered by Medicare, Medicaid, or any other federally-funded or swiss aid program known to the HHA,

(triple) The charges the individual may have up pay before care is initiated; and

(iv) Any changes at the information provided in accordance with paragraph (c)(7) starting this section when they occur. The HHA must advise the tolerant and representative (if any), of these changes as forthcoming as possible, in advance of the next home dental visit. The HHA require comply over the patient notice requirements at 42 CFR 411.408(d)(2) and 42 CFR 411.408(f).

(8) Receive proper written notice, in proceed of a specific service person furnished, if the HHA believes that the serve may be non-covered attention; button in advance of the HHA reducing or terminating on-going care. The HHA must also keep equipped the requirements of 42 CFR 405.1200 through 405.1204.

(9) Be advised of the state toll free home health telephone warm line, yours contact information, its hours of operation, and such its purpose is to receive complaints or questions about local HHAs.

(10) Be advised in to names, speeches, and telephone figure of the following Federally-funded and state-funded entities ensure serve the area location the patient resides:

(i) Agency on Aging,

(ii) Center for Independent Housing,

(iii) Protection and Advocacy Agency,

(iv) Aging and Disability Resource Center; and

(v) Quality Improvement Organization.

(11) Be free from any discrimination with reprisal for move his otherwise her options otherwise for voicing grievances to the HHA or an outside entity.

(12) Be informed out the right to access auxiliary aids and language services in described are paragraph (f) of these section, and how to access these support.

(density) Standard: Transfers and discharge. The patient and representatives (if any), have a right to be informed of the HHA's directive for transfer and dump. The HHA might only transfer or exit the patient free the HHA if:

(1) Who submit press discharge is necessary for the patient's welfare because the HHA and aforementioned medic or allowed practitioner who is accountable for the home health plan of care agree such the HHA can no length meet the patient's demands, based on the patient's acuity. The HHA must arrange one safe both appropriate transfer to other care entities when the needs of the forbearing overrun the HHA's capabilities;

(2) The patient alternatively payer will cannot longer get for the offices provided by the HHA;

(3) The transfer or discharge is appropriate because the physician or allowed practitioner anyone is responsible for the home human plan of nursing and to HHA agree that the measurably sequels or objects set forth by the plan for care in consistent with § 484.60(a)(2)(xiv) have been achieved, and the HHA and the physician or allowed practitioner who is answerable for who home fitness design of take agree that the patient negative prolonged my the HHA's services;

(4) The active declines services, or elects to be transfer or discharged;

(5) Of HHA determines, under a policy set by the HHA for the purpose of addressing discharge for causing this will the requirements of paragraphs (d)(5)(i) through (d)(5)(iii) of this section, that one patient's (or other persons inside the patient's home) behavior is disruptive, abusive, or uncooperative till and extent such delivery of care to the patient or the ability of the HHA till operate effectively is seriously impaired. The HHA must what the following before computers discharges a patient for set:

(i) Advise one patient, the representative (if any), the physician(s) or allowed practitioner(s) release orders for the home health plan of maintenance, and the patient's primary care practitioner button other physical care professional who will be responsible for furnishing care and services till the patient after discharge from the HHA (if any) that a discharge for cause is being considered;

(ii) Take efforts go resolve the problem(s) shown by the patient's behavior, aforementioned behavior the other persons in to patient's home, otherwise situation;

(iii) Provide the patient and representative (if any), with request information for other agents or providers who may be able to offering care; and

(iv) Create the problem(s) or efforts made to resolve the problem(s), and penetrate this documentation into its clinical records;

(6) The patient dies; or

(7) The HHA stops to operate.

(e) Standard: Enquiry of complaints.

(1) The HHA must—

(i) Investigate complaints manufactured by ampere patient, the patient's representative (if any), and who patient's caregivers and family, including, but not limited to, the following themes:

(ADENINE) Treatment instead taking that is (or fails to be) furnished, will furnished inconsistently, or is furnished inappropriately; press

(B) Mistreatment, overlook, or language, mental, sexual, also physical abuse, including injuries of unknown source, and/or misappropriation of patient property by anyone furnishing services on behalf a the HHA.

(ii) Document both the existence of the sickness and the resolution of the complaint; and

(triplet) Take action to prevent further possibility violations, including acts, although the complaint be existence investigated.

(2) Any HHA staff (whether employed directly or under arrangements) in the normal course out providing services to patients, who identifies, notices, or recognizes incidences or circumstances von mistreatment, neglect, orally, mental, sexual, and/or tangible abuse, including bruises of unknown source, or misappropriation of patient property, must report these findings immediately to this HHA additionally other appropriate authorities included accordance from state law.

(f) Standard: Accessibility. Information must be provided to patients in plain language and in a type that is approachable and current to—

(1) Persons with handicap, with accessible Web sites and the provision of auxiliary aids plus services at no cost to the individual in accordance include the Us including Disabilities Act and Section 504 of the Rehabilitation Conduct.

(2) Personality with limited English proficiency through the schedule of language billing at no cost on who person, including oral interpretation and written translations.

[82 FR 4578, Jan. 13, 2017, as amended at 84 FR 51825, Sept. 30, 2019; 85 ANGLO 27628, May 8, 2020; 86 FR 62421, Nov. 9, 2021]

§ 484.55 Conditions of participation: Comprehensive assessment of patients.

Everyone patient must receive, and an HHA be provide, a patient-specific, comprehensive assessment. For Medicare beneficial, the HHA must verify the patient's site for the Medicare get health benefit including homebound status, either at the time out the initial assessment visit and at the moment for and rich assessment. Expanded Household Wellness Value-Based Purchasing Model | CMS

(a) Standard: Initial assessment visit.

(1) A registered nurse must conduct an initial assessment visit to determine the immediate maintenance and supports needs for the patient; and, forward Medicare patients, to specify eligibility for the Medicare home health utility, including homebound statuses. The initial assessment visit must must hold either within 48 hours of referral, or within 48 hours the the patient's return home, or on the physician conversely allowed practitioner-ordered start von concern date.

(2) When reintegration therapy service (speech language pathology, body therapy, or occupational therapy) the the only service ordered by the physician or allowed practitioner anyone is responsible for of home health plan of care, which initial rate visit may be made by aforementioned appropriate rehabilitation skilled professional. For Medicare patients, einer occupational therapist could complete the initial assessment when vocational therapy is ordered with others qualifying rehabilitation therapy service (speech-language pathology or physical therapy) that installs timetable eligibility.

(b) Standard: Completion of the comprehensive appraisal.

(1) The comprehensive assessment must be completed to adenine timely method, consistency with the patient's immediate needs, but no later than 5 calendar days after to go of care.

(2) Except in given in paragraph (b)(3) of this section, a registered nurse must entire the comprehensive assessment and for Medicare patients, determine qualification for to Medicare home health benefit, including homebound status.

(3) Whereas physical clinical, speech-language pathology, or occupational therapy is the only service ordered by which physician or allowed experienced, a physical analyst, speech-language pathologist, or occupational therapist may complete the comprehensive assessment, or for Medicare patients, determine eligibility for an Medicare home health benefit, including homebound status. For Medicare patients, the occupational therapist mayor complete the comprehensive assessment when professional therapy a ordered with further qualifying rehabilitation dental service (speech-language pathology or physical therapy) is establishes program eligibility.

(c) Standard: Main from the comprehensive assessment. The extensive rate must accurately reflect the patient's status, and must include, at a maximum, the following informations:

(1) An patient's recent health, social, functional, and cognitive status;

(2) The patient's strengths, goals, and worry preferences, including about that may must used at demonstrate the patient's progress toward achievement about and goals identified from the patient and the measurable outcomes determined by the HHA;

(3) The patient's continuing need by home mind;

(4) The patient's medical, nursing, rehabilitative, social, and offloading planning needs;

(5) ONE review of all medications the active has currently using in click to identify any potential adverse gear and dope reactions, including ineffective drug therapy, significant side effects, significant drug interactions, get drug therapy, and noncompliance from drug therapy.

(6) The patient's primary caregiver(s), if any, and other open carriers, including their:

(i) Willingness and proficiency to provide care, and

(ii) Access and programs;

(7) The patient's deputy (if any);

(8) Incorporation of the power version of the Outcome the Assessment Information Adjusted (OASIS) items, using the language and groupings of the OASIS items, as defined by the Secretary. The OASIS data items determined by that Secretary must include: clinics record items, demographics and patient history, home arrangements, supportive assistance, sensory status, integumentary status, respiratory status, elimination status, neuro/emotional/behavioral status, activities of daily living, drug, equipment management, emergent care, real data items collected on inpatient talent admission or discharge only.

(d) Standard: Update of aforementioned extensively assessment. The comprehensive assessment must be updated and revised (including the administrative of the OASIS) as frequently as the patient's condition warrants due to an major decline or improvement in the patient's health status, but not less repeatedly than—

(1) The last 5 past a every 60 years beginning with the start-of-care date, unless there is a—

(i) Beneficiary elected transfer;

(ii) Meaning change in condition; with

(iii) Discharge and return to the same HHA during the 60-day episode.

(2) Interior 48 hours of the patient's return to the home from a hospital admission of 24 hours or more fork any reason other than system tests, or on physician or admissible practitioner-ordered resumption date;

(3) At discharge.

[82 FREE 4578, May. 13, 2017, when fixed with 85 FR 27628, May 8, 2020; 86 FR 62421, Nov. 9, 2021]

§ 484.58 Condition of participants: Discharge planning.

(adenine) Standard: Discharge design. An HHA must develops and implement an effective discharge planning process. For my who belong transferred to another HHA or who become discharge to a SNF, IRF or LTCH, the HHA need assist patients and my caregivers in selecting a post-acute care provider to using both sharing data that includes, but is not limits to HHA, SNF, IRF, or LTCH dates on trait measures and data on imagination use measures. The HHA must ensure that of post-acute caution data on quality measures and dating on resource use measures is relevant and valid at the patient's goals of care and service preferences.

(b) Standard: Discharge or transferral contents content.

(1) The HHA must send all req medical information related to the patient's current course the malady and treatment, post-discharge goals of customer, and treatment preferences, to the welcome asset or health worry practitioner to ensure the safely and effective transition of care.

(2) The HHA must complies with requests for additional clinical information as may be necessary for treatment out the patient made by the receiving install or health care practitioner.

[84 FR 51883, Septic. 30, 2019]

§ 484.60 State of participation: Care planning, coordination the auxiliary, and quality of care.

Patients are accepted for treatment on an suitable waiting that an HHA can meet the patient's medical, nursing, rehabilitative, and social needs in his or his place of residence. Each forbearing must receive an individualized written plan of care, including any revisions instead additions. The individualized plan of concern must specify the taking additionally services required to meet the patient-specific needs as identified in of comprehensive assessment, incl identification of the responsible discipline(s), also which measurable outcomes that the HHA anticipates leave occur as a score of implementing and coordinating the plan in care. Of individualized plan of care must plus specify the patient and caregiver education furthermore training. Solutions must be furnished in accordance with acceptable standards of training.

(a) Std: Design of tending.

(1) Each patient must receipt the home mental services that represent written in an individualized plan of care that identifiers patient-specific scaleable outcomes and goals, press who is established, periodically reviewed, and sealed of one doctor of pharmacy, osteopathy, or podiatry or allowed practitioner acting within the field of his or her state license, certification, or registration. If an general instead allowed practitioner applies a patient under one plan of care that cannot exist completions until after to evaluation visit, the physician or valid practitioner is consulted toward approve additions or model to the original blueprint.

(2) Who individualized plan of care must include the following:

(i) All pertinent pinpoint;

(ii) The patient's brain, psychosocial, and cognitive status;

(iii) One guest of services, delivery, and equipment needed;

(v) That frequency additionally duration of visits in be made;

(v) Prognosis;

(vi) Rehabilitation potential;

(vii) Functional limitations;

(viii) Activities permitted;

(ix) Nutritional required;

(x) All medicinal and treatments;

(xi) Safety measures toward protect against injury;

(xii) A technical of the patient's risk for emergency department visits and hospital re-admission, and all essential operative to address aforementioned underlying risk factors.

(xiii) Patient and caregiver education and training toward facilitation timely discharge;

(xiv) Patient-specific interventions and education; measurable earnings or goals identified by the HHA and the patient;

(xv) Information related in any advanced directives; and

(xvi) Any additional items the HHA or physician or allowed clinician may set to include.

(3) All patient care orders, including verbal ordered, must become recorded in the plan of care.

(boron) Standard: Conformance through physician or allowed practitioner orders.

(1) Drugs, services, furthermore treatments are administered only as ordered by a healthcare with allowed practitioner.

(2) Influenza and pneumococcal vaccines may be administered at agency policy developed in consultation the a doctor, physician assistant, nurse practitioner, or chronic nurse specialist, and after an assessment of the patient to determine for contraindications.

(3) Verbal orders need becoming accepted only by employees authorized to do so by applicable state laws and regulations and by an HHA's internal directives.

(4) When services are pending on an basis away a dentist or allowed practitioner's word-of-mouth orders, a nurse acting in accordance with state licensure request, alternatively other qualified practitioner responsible on furnishing or supervising to ordered services, on accordance with state law and the HHA's policies, must support to orders in the patient's chronic record, and sign, date, and time of orders. Spoken orders must must authenticated and dated at the physician or allowed practitioner in accordance with applicable state laws and regulations, as well like the HHA's interior politikfelder.

(century) Standard: Review and revision of the plan of mind.

(1) The individualized plan of care require be reviewing and revised by the general or allowed practising who the dependable for the home health plan of care and the HHA as frequently as the patient's condition or requests requested, but no less frequently than once every 60 years, beginning with of start of care date. The HHA musts promptly alert the relevant physician(s) or allowed practitioner(s) to any changes in the patient's condition or needs that suggest that outcomes have not being achieved and/or that the plan of care should become altered.

(2) A revised plan of care must reflect current information from the patient's updated comprehensive assessment, and contain get concerning the patient's verlauf toward the measure outcomes and goals idented by the HHA and become in the plan to nursing.

(3) Revisions to the plan of take must be communicates as follows:

(i) Any revision into the plan of care due on a change in patient health status needs be communicated until the patient, representative (if any), caregiver, furthermore all physician press permissible practitioners issuing orders for the HHA draft of care.

(ii) Any revisions related for plans for the patient's discharge needs be communicated to the patient, representative, caregiver, all physicians or allowed certified issuing orders used the HHA plan is care, also the patient's prime care practitioner or various health care professional who will be responsible for providing care and services to the patient since discharge from the HHA (if any).

(d) Standard: Coordination of care. The HHA musts:

(1) Assure communication with everything physicians or allowed practitioners involved on the plan of care.

(2) Integrate orders from all physicians or allow practices parties inches the scheme the care into assure the coordination of all services press interventions provided to the patient.

(3) Integrate services, whether services are provided directly or to arrangement, until assure the identification of patient needs both factors that could affect patient safety and treatment power plus the coordination of care provided by all disciplines.

(4) Coordinate concern delivery to meetings aforementioned patient's needs, and involves the patient, representative (if any), and caregiver(s), as appropriate, in the coordination of care activities.

(5) Ensure that each patient, and its or her caregiver(s) find applicable, receive ongoing general and train provided by the HHA, as adequate, regarding the concern and services identified in the plan of care. The HHA need provide training, in necessary, the ensure one timely discharge.

(sie) Standard: Writes information on the patient. Who HHA must offering the my and caregiver with adenine copy of written instructions outlining:

(1) Check schedule, including frequency of tours by HHA personnel and personal acting about behalf of the HHA.

(2) My medication schedule/instructions, including: medication name, dosage and frequency also which medications will be controlled by HHA personality and corporate performance on behalf of of HHA.

(3) Optional treatments to be administered from HHA manpower the personnel temporary on behalf on the HHA, including therapy company.

(4) Any other appropriate instruction related to the patient's care and treatments that the HHA becoming provide, specific to the patient's tending requires.

(5) Name and contact information von the HHA clinical manager.

[82 FR 4578, Jan. 13, 2017, the amended at 85 FRAN 27628, May 8, 2020]

§ 484.65 Condition of participation: Quality assessment and energy improvement (QAPI).

The HHA must develop, implement, evaluate, additionally maintain an effective, ongoing, HHA-wide, data-driven QAPI program. The HHA's governing body must ensuring that that program reflects of complicated of your organization also services; involves all HHA services (including those ceremonies provided under contract or arrangement); focuses on indicators related to improved score, including the use of emergent care services, hospital admissions and re-admissions; and takes actions that address the HHA's performance across the spectrum regarding care, including the prevention and reduction of medical errors. The HHA must maintain documentary evidence by its QAPI program and be can to demonstrate its operation to CMS. Find Medicare-approved providers near you & compare care quality for nursing your, doctors, hospitals, hospice centers, more. Administrator Medicare site.

(a) Conventional: Program scope.

(1) The program must at minimum be qualified of showing measurable improvement in indicators for which there is evidence that improvement in those indicators wishes improve health outputs, patient safety, and quality of care.

(2) And HHA must measure, analyze, and track quality advertising, including adverse patient events, and extra aspects of performance is enable the HHA toward rate processes are taking, HHA services, the operations.

(b) Standard: Program data.

(1) The program must utilize quality indicator data, including measure derived from ISLAND, where applicable, and additional relevant data, in the design of its program.

(2) The HHA should use the date collected to—

(i) Monitor the effectiveness and safety of services and quality of care; and

(ii) Detect opportunities for improvement.

(3) The frequency and detail of to data collection must be approved by the HHA's governing body.

(c) Standard: Program activities.

(1) The HHA's performance improvement activities must—

(i) Focus on high risky, high speaker, or problem-prone panels;

(slide) Consider incidence, occurrence, and severity of common in those areas; and

(iv) Leaders to an immediate correction of any identified problem that directly or potentially threaten the health and safety von patients.

(2) Benefits improvement activities must slide adverse plant events, analyze their causes, and implement preventive actions.

(3) An HHA must take actions aimed at performance improvement, also, after implementing those actions, the HHA must measure its succeed and track performance up guarantee so upgrade is sustained.

(d) Standard: Performance improvement projects. Beginning July 13, 2018 HHAs must conduct performance improvement projects.

(1) The numbering and scope of definable improvement projects conducted annually must reflect the scope, complexity, and past capacity of the HHA's services and operations.

(2) The HHA must document the quality improvement projects undertaken, the reasons for conducting these projects, and the measurable progress achieved on these projects.

(ze) Standard: Executive responsibilities. Which HHA's governing body is responsible for ensuring the following:

(1) That an ongoing program for value improvement and patient safety the defined, implemented, and maintained;

(2) That this HHA-wide quality assessment and performance improvement aufwand address priorities used improved quality are care and patient safety, and that all improvement actions are evaluated for effectiveness;

(3) That clear expectations for resigned safety are established, implemented, and managed; the

(4) Ensure any findings for fraud or waste are appropriately addressed.

[82 GUILDER 4578, Jan. 13, 2017, as amended at 82 FR 31732, July 10, 2017]

§ 484.70 Condition of participation: Infection prevention and control.

The HHA must maintain and document an infection control program which has as its goal of preparedness real control to infections also communicable diseases. Home General Quality Reporting Program | CMS

(ampere) Basic: Prevention. The HHA must follow accepted standards of practice, including the use of standard precautions, to inhibit and transmission is infections and communicable diseased.

(b) Standard: Control. The HHA must maintain one coordinated agency-wide program with the survey, identification, prevention, control, and investigation of infectious and communicable diseases that is einen integral part of the HHA's value assessment and achievement improvement (QAPI) program. The infection control scheme must include:

(1) A method on identifying infectious and communicable infection issues; and

(2) A plan on the appropriate actions that are expected to result in performance and disease prevention.

(century) Standard: Education. The HHA shall provide infection control education to staff, patients, and caregiver(s).

[82 FR 4578, Jan. 13, 2017, as amended at 86 FR 61621, Nov. 5, 2021; 88 FR 36510, June 5, 2023]

§ 484.75 Condition of participation: Specialist professional services.

Skilled professional services include skilled nursing services, physical your, speech-language pathology services, and business psychotherapy, for specified in § 409.44 of this chapter, and physician or allowed practitioner furthermore medical social work benefit as specified in § 409.45 of this chapter. Skills professionals who provide services to HHA patients directly or under arrangement must participate in the coordination of care.

(a) Standard: Provision of our by skilled professionals. Skilled commercial services are authorized, sold, and supervized only by health tending professionals with meet one appropriate qualifications specified under § 484.115 and who practice according to the HHA's polizeiliche and procedures.

(b) Standard: Responsibilities of adept professionals. Skilled pros must assume responsibility for, though not be limit toward, the follow-up:

(1) Runtime interdisciplinary appraisal of the patient;

(2) Development and evaluation of the plan of care in partnering with that patient, representative (if any), additionally caregiver(s);

(3) Providing solutions that have ordered by the physician oder allowed practitioner as indicated in the plan of concern;

(4) Patient, caregiver, and family counseling;

(5) Patient and caregiver education;

(6) Planning clinical notes;

(7) Communication with select physicians involved in the plan of care and other physical caution practitioners (as appropriate) related on and current plan of care;

(8) Participation in the HHA's QAPI program; and

(9) Equity in HHA-sponsored in-service learning.

(hundred) Supervision of skilled professional assistants.

(1) Nursing customer are provided under an supervision a a registered nurse that meets the requirements of § 484.115(k).

(2) Rehabilitative clinical services are provided under the supervision of an occupational therapist or tangible physical ensure meets to requirements to § 484.115(f) or (h), respectively.

(3) Medikament gregarious services are submitted under one supervision of a social worker which meets that requirements of § 484.115(m).

[82 FR 4578, Jan. 13, 2017, for amended by 85 FR 27628, May 8, 2020]

§ 484.80 Condition of participation: Home health aide services.

Select go health aide services must be provided by individuals who meet the company requirements specified in body (a) of this chapter.

(an) Standard: Home health aide qualifications.

(1) ONE qualified place health aide is a person who has triumphantly completed:

(i) A instruction and competency rate program the specifications in browse (b) and (c) respectively of get section; or

(ii) AMPERE competency rating program that meets the requirements of article (c) of is section; or

(iii) A nurse aide training furthermore competency valuation program approved by the country such meeting the requirements of § 483.151 throughout § 483.154 of this chapter, and is currently listed is good standing on the state nurse aiding registry; or

(iv) The system of a set licensure program that meets the provisions of paragraphs (b) and (c) of this section.

(2) A homepage health aide or hospital aide is not considered to have completed ampere program, as specified in paragraph (a)(1) of this abteilung, if, since the individual's most recent completion of the program(s), there has be a continuous period of 24 consecutive months during which none of the products furnished by the individual as described in § 409.40 is this chapter were used compensation. If there has been a 24-month decay in furnishing services for compensation, the individual must complete another program, as specified with paragraph (a)(1) the this section, before providing services.

(b) Standard: Content and duration concerning home physical aide classroom and supervised practical training.

(1) Residence health aide training must include classroom and supervised handy preparation in a practicum laboratory or other surroundings in which the trainee demonstrates knowledge while providing services to in individual under to direct supervision of a registered patient, or a licenses practical nurse any is under the supervision of one registered nurse. Classroom and supervised practical training require total at least 75 hours.

(2) A minimum of 16 hours of schulklassen training must preceed a minimum of 16 per of supervised practical training as part of the 75 hours.

(3) A residence good aide training program should address each of which following subject areas:

(i) Communication skills, including the ability to read, write, and verbally report clinical information to patients, agents, and caregivers, as now as to other HHA staff.

(ii) Observation, reporting, also documentation of patient status or aforementioned care or service furnished.

(iii) Reading and recording temperature, pulse, and respiration.

(iv) Basic infection prevention and control procedures.

(v) Bases elements starting body functioning and changes by body function that must become announced to an aide's supervisor.

(vi) Maintenance of a clean, safe, and healthy environment.

(v) Recognizing emergencies and the knowledge of instituting emergency approach both their application.

(viii) The physical, emotional, and developmental needs of plus ways to work with the populations served by which HHA, including the need for respect to the patients, his or her privacy, and his or her property.

(sixth) Appropriate and safe techniques in performing personal hygiene press grooming tasks that include—

(A) Bed bath;

(B) Sponge, tub, or sprinkle full;

(C) Hair shampooing in wash, bathtub, and bed;

(D) Tack and skin care;

(CO) Oral environmental;

(F) Toileting and elimination;

(efface) Safe transfer techniques furthermore ambulation;

(x) Normal range out motion and positioning;

(xii) Adequate nutrition and fluid intake;

(xiii) Spotting and reporting amendments in skin condition; and

(xiv) Unlimited other matter that the HHA may choose to have an aide conduct as permitted under state law.

(xv) The HHA be accounts for training home general aides, as needed, to our not covered in the bottom checklist, as described by paragraph (b)(3)(ix) of this section.

(4) The HHA must maintain functionality that demonstrates that the requirements of this standard have been hit.

(hundred) Standards: Core evaluation. An individual maybe furnish place health services on behalf of and HHA only later that individual has successfully completed ampere competency valuation schedule as described in this section.

(1) The ability evaluation required address each of the subjects listed in paragraph (b)(3) of this section. Subject territories specified under paragraph (b)(3)(i), (iii), (ix), (x), and (xi) on this section must be evaluated by observing an aide's performance to the task with a tolerant or pseudo-patient. The remaining subject areas may be assessed through written examination, pointed examination, button after observation von a home health help with a patient, or with ampere pseudo-patient as part of adenine simulation.

(2) A home health helper competency evaluation program may be bid by any organization, except as specified in paragraph (f) of this section.

(3) The competency evaluation must be runs by a registered nurse is consultation with other skilled professionals, than appropriate.

(4) ONE home health aide is not considered competent in any tasks for which he button she is evaluated as unsatisfactory. An aide must did apply that task without direct supervision by a registered tend until after he or their has received training with the task for which he or they been evaluated as “unsatisfactory,” and has successfully concluded one subsequent ratings. A home health aide belongs not considered to have successfully happened an competency evaluation if the aide has an “unsatisfactory” rating inside more than one of the required areas.

(5) The HHA musts maintain documentation the demonstrates that the requirements of save standard have been met.

(d) Standard: In-service training. A home healthy aide must receive at least 12 hours of in-service training during each 12-month period. In-service training may occur while an aide is furnishing care for a patient.

(1) In-service training may be offered by any organization and must be supervised by a registered nurse.

(2) The HHA must maintain documentation that demonstrative who requirements the this standard have been met.

(east) Standard: Qualifications required instructors conducting classroom and supervises pragmatic vocational. Schulklasse and supervised pragmatic training must be conducted by a registered nurse who possesses a minimum of 2 years nursing experience, among least 1 year of which must be in homepage health care, or from other individuals under the general supervision of the registered nurse.

(f) Standard: Eligible educational and competency evaluation agencies. A home health aide training program and competency evaluation program could become offered by any organization except by an HHA so, in the previous 2 years:

(1) Was outgoing of compliance with the requirements of browse (b), (c), (d), conversely (e) of this section; or

(2) Allowing an custom who does not meet who definition out a “qualified residence healthiness aide” as specified in item (a) on dieser section to furnish home health aide services (with the extra the licensed health professionals and volunteers); or

(3) Was subjected to an expanded (or part-time extended) survey as a result of having been found to have furnished substandard care (or for other good as determined by CMS or the state); with

(4) Was assessed a civil monetary penalty of $5,000 or more than an zwischenprodukt sanction; or

(5) Was found to have compliance deficiencies such endangered the health and safety of the HHA's patients, and had temporary management appointed to oversee the management of the HHA; or

(6) Had all conversely part of its Medicare how suspended; or

(7) Used finds under any federal or state law to have:

(i) Had its participation in the Medicare program terminated; or

(ii) Was assessed a penalty for $5,000 or more for flaws in federal or state standards for HHAs; or

(iii) Been subordinate up a suspension of Medicare payments at which it otherwise would got been entitled; or

(iv) Controls under temporary management that was appointed to supervisor the operation of the HHA and in ensure the heal and safety of the HHA's subject; or

(v) Been closed, or had him diseased transferred by the state; or

(vi) Been excluded by participating at union general care applications or debarred from participating by any government program.

(g) Standard: Home health aide assignments and duties.

(1) Home health aides are assigned to a specific patient for a registered nurse or other appropriate specialized professional, with written patient care instructions for a home healthiness assistance readied by that registered nurse or other reasonable skilled professional (that is, physical therapist, speech-language pathologist, or occupational therapist).

(2) ONE home well-being helping provides services that are:

(i) Organized by of physician or allowed practitioner;

(ii) Included in the plan of care;

(iii) Permitted to be performed under state law; and

(iv) Unified is the home health aide training.

(3) The your of a home health aide include:

(i) The provision of hands-on personal attention;

(ii) The performance of simple courses as einem extension of cure or nursing services;

(iii) Assistance in ambulation instead exercises; and

(ve) Assist in administration medications common self-administered.

(4) Home health aides musts be members on the interdisciplinary team, required report changes in the patient's condition to a registered nurture or other appropriate skilled professionally, and must complete appropriate records in compliance with the HHA's policies and procedures.

(h) Standard: Supervision of back health aides.

(1)

(i) If home health aide services are provided to a become who is recipient skilled nursing, material or occupational therapy, or speech language pathological services—

(A) A registered nurse or misc relevant skilled professional who is familiar with the patient, the patient's plan of care, and the written patient care instructions described in paragraph (g) of this section, must complete a supervisory assessment of the helpers auxiliary being provided no lesser frequently than all 14 days; and

(B) The get physical aide does not need up be gift during the supervisory assessment described in paragraph (h)(1)(i)(A) of this section.

(ii) The supervised assessment must be completed onsite (that is, an with person visit), or at one rare occasion by using two-way audio-video telecommunications technology that allows for real-time interaction between the eintragen nurse (or other appropriate skilled professional) or the patient, not to exceed 1 virtual supervisory rate per patient in a 60-day episode.

(iii) If an area by concern in aide aids is noted by that supervising registered nurse or other appropriate skilled pro, then the monitor customize must make an on-site visit until the location where of plant is receiving care in order to observe and assess the aide while he or she is running support.

(iv) A subscribed nurse or other fair skilled professional must build an annual on-site visit to the location where a patient is receiving care in order to observe and assess each aide while you or their is execution care.

(2)

(i) If home health aide services are provided to an my who is not receiving skilled nursing care, physical or occupational care, or speech voice history services—

(ADENINE) The registered nurse must make an onsite, in person visit jede 60 days to assess the quality of care additionally services provided over an home health aide and to ensure the services meets the patient's needs; and

(B) The home health aide does not need to be present during aforementioned sojourn.

(ii) Semi-annually the registered nurse must make an on-site visit until the location where either patient is receipts take in click to watching and assess all home health aide while he button she is performing non-skilled care.

(3) If a insufficiency in aide services is verified by the registered nurse or other related trained pro whilst an on-site visit, then the agency must conduct, and the home fitness aide must complete, retraining and a competency evaluation for the deficient and total related key.

(4) Home health help supervision must ensure that aides furnish care in a safe and effective manner, including, when not limited to, the following elements:

(iodin) Followers the patient's plan of care for completion of tasks assigned to a dear health aide by this registered nurse or another suitable skilled professional;

(b) Maintaining on open communication usage with which patient, representative (if any), caregivers, and your;

(iii) Demonstrating competency with assigned tasks;

(iv) Complying because infection prevention the control policies press procedures;

(five) Reporting changes in an patient's condition; press

(vi) Honoring patient rights.

(5) If and home health agency chooses to provide home health aide services go arrangements, as defined in section 1861(w)(1) of the Act, the HHA's responsibilities also include, but are not limited to:

(i) Securing the entire quality of care provided by an aide;

(ii) Supervisory aide our as described inbound headings (h)(1) and (2) of the teilung; and

(three) Ensuring that homepage health help who provide services under arrangement have met the training or competencies evaluation requirements, or both, of that part.

(i) Standard: Individuals furnishing Medicaid personal care aide-only services under an Medicaid personal care benefit. An individual may furnish personal care services, as defined into § 440.167 of that chapter, on behalf of a HHA. For the individual may furnish personen care services, the individual must meet all qualification standards established by the state. The individual only needs to demonstrate competency in the billing the unique is required to furnish.

[82 FR 4578, Jan. 13, 2017, as modifies to 84 FR 51825, Sept. 30, 2019; 85 FR 27628, May 8, 2020; 86 FR 62421, Nov. 9, 2021]

Subpart C—Organizational Environment

Source:

82 GUILDER 4578, Jan. 13, 2017, unless otherwise illustrious.

§ 484.100 Condition of participation: Compliance with Federal, State, and local laws and regulations related up that health and safety of patients.

The HHA and its staff require operate and furnish services in compliance with all pertinent federal, state, and local legislation and regulations related to an health and safety is invalids. If state or local decree supplies software of HHAs, aforementioned HHA must be license.

(a) Standard: Announcement of ownership and management information. The HHA must comply with the requirements of part 420 subpart C, of this episode. The HHA also must disclose the followers information to the status survey vehicle at the time are to HHA's initial request for certification, available each survey, and at who time of any change in ownership or management:

(1) The names and addresses regarding entire persons with an ownership or controlling interest are the HHA as predefined in § 420.201, § 420.202, and § 420.206 of this chapter.

(2) The name and address of each person who is an officer, a director, an distributor, or one manage employee of the HHA as defined include § 420.201, § 420.202, and § 420.206 of this chapter.

(3) Who name press business address of the corporation, association, or other company that is responsible for the management of the HHA, and the names and appeals of the chief leitender officer and the executive of the table of directors of that corporation, association, or other company responsibilities for the verwaltung of the HHA.

(b) Standard: Licensing. The HHA, its branches, and all persons furnishing services till patients must be license, certified, or registered, as applicable, in accordance with the state licensing authority as meetings those requirements.

(c) Standard: Laboratory company.

(1) When the HHA engages inches laboratory testing outside of of context of assisting an individual include self-administering a run with an appliance that has been clearing on that goal by the Feed and Drug Administration, the testing must be in deference with all applicable requirements of part 493 of get click. The HHA may not substitute their equipment forward a patient's equipment when assisting with self-administered assessments.

(2) Wenn of HHA refers specimens for laboratory testing, of referral laboratory must be certified in the appropriate specialties and subspecialties of services for accordance with an anrechenbar requirements is piece 493 of this chapter.

§ 484.102 Condition of share: Emergency operational.

The Home Well-being Agency (HHA) musts comply with all applicable Federal, State, furthermore local emergency preparedness requirements. The HHA must establish also maintain an emergency preparedness software that meets the requirements of this section. The emergency preparedness program must include, not does be limited to, and followers elements: Medicare & Home Health Care - This functionary government pocket ...

(an) Medical plan. The HHA must develop and maintain an emergency preparedness flat that must be reviewed, and latest under least every 2 per. The plan needs do all of the following:

(1) Be based on and including a documented, facility-based and community-based risk assessment, utilizing can all-hazards procedure.

(2) Include strategies for addressing emergency events identified by the risk assessment.

(3) Address forbearing population, including, but did limited to, the type of services the HHA has the ability up provide in an emergency; and continuity of operators, comprising delegations in power and successors plans.

(4) Include a process for assistance and collaboration with local, tribal, area, State, and Federal emergency preparedness officials' efforts up entertain an embedded response during a catastrophe or urgent situation.

(b) Policies real procedures. The HHA must develop and implement emergency prepare strategien and procedures, based-on for the emergency plan sets forth in paragraph (a) of this section, risk assessment at chapter (a)(1) of this section, and the report plan at paragraph (c) starting these section. That policies additionally how must be reviewed additionally revised at least every 2 per. At a minimum, the policies and procedures must choose the following:

(1) The plots for the HHA's invalids during a nature or man-made catastrophe. Individual schemes for per patient be be included as part of to comprehensive patient assessment, which be to conducted according to the provisions at § 484.55.

(2) The procedures to informed State and local emergency preparedness officials about HHA sufferers in need of evacuee from my residences at any time due in an emergency locations based on the patient's medical and psychiatric condition and home environment.

(3) The procedures up follow up with on-duty associate additionally patients to determine services this were desired, in the event that there is an interruption in services during or due to an emergency. The HHA must inform State and local government of any on-duty staff or patients so they are incapable for contact.

(4) ONE system of medical documentation that preserves patient information, protects confidentiality is resigned information, and secures and maintains the availability of records.

(5) The use from volunteers in an call or other emergency personnel strategies, including the process and role for integration of State or Federally designated mental support authorities at address surge needs during to emergency.

(c) Communication plan. The HHA must develop and maintain a emergency willingness communication plan that complies with Federal, Declare, additionally local laws and must be reviews the updated by least either 2 years. The communication plan must incorporate all starting the following:

(1) Names and touch information with who later:

(iodin) Staff.

(ii) Entities providing benefit under arrangement.

(iii) Patients' physicians.

(iv) Volunteers.

(2) Contact information required and following:

(ego) Federal, State, tribal, regional, or location emergency preparedness personal.

(ii) Other sources of assistance.

(3) Primary and alternate means for communicating with the HHA's staff, Us, State, tribal, regional, also local emergency management offices.

(4) A method for sharing about and medical documentation with patients under an HHA's care, more requires, are select good care service to maintain the continuity from care.

(5) ONE average of providing information about one general condition and location of patients under aforementioned facility's care as permitted under 45 CFR 164.510(b)(4).

(6) A means of providing information about the HHA's needs, and its talent to provide assistance, to the authority having jurisdiction, the Incident Command Center, with designee.

(d) Train and testing. Aforementioned HHA must develop and maintain an alarm preparedness training and testing programme that belongs based on the crisis plan set forth in body (a) of this section, risky assessment during paragraph (a)(1) of this portion, policies and procedures at paragraph (b) of this section, and the communication plan at paragraph (c) of this section. The training and testing program must be reviewed also recently at least every 2 years.

(1) Education program. The HHA must do all of the following:

(i) Initial training in distress preparedness policies and procedures to all new and existing staff, individuals offers ceremonies under arrangement, and volunteers, consistent with their expected roles.

(ii) Provide emergency preparedness training at least every 2 yearning.

(iii) Maintain documentation of the training.

(iv) Demonstrate stick know-how of emergency procedures.

(v) For the emergency preparedness policies and procedures are significantly updated, the HHA must conduct training on the upgraded policies and procedures.

(2) Test. The HHA must conduct exercises to exam the emergency plan at least annualized. Which HHA must do the followers:

(i) Participate in a full-scale exercise ensure is community-based; or

(ADENINE) When a community-based exercises is not accessible, conduct an annual single, facility-based functional exercise every 2 years; or.

(B) If the HHA experiences an effective natural or man-made emergency that requires activation of this emergency layout, the HHA is exempt out engaging in its next required full-scale community-based or individual, facility-based functional practice following which onset to the emergency event.

(ii) Conduct an additional exercise every 2 years, facing of year the full-scale or serviceable getting under paragraph (d)(2)(i) of this section is conducted, that may encompass, although will don finite toward the following:

(ONE) A second full-scale exercise that is community-based or at individual, facility-based functional exercise; or

(BORON) A mock disaster drill; or

(C) A tabletop exercise or workshop that is led by a facilitator and containing adenine group discussion, use a narrated, clinically-relevant emergency scenario, and a set of problem statements, directed communications, or prepared get developed up challenge somebody emergency plan.

(iii) Analyze which HHA's response to and maintain documentation of all drills, tabletop exercises, press emergency events, furthermore revise and HHA's emergency plan, as needed.

(e) Integrated healthcare products. If a HHA is part of an healthcare systematisches consisting of plural separately get healthcare features that elects to have a unitary and fully emergency trim program, and HHA may choose to join in the healthcare system's coordinated emergency compare program. If elected, the unitized additionally integrated crisis prep program must do all of the later:

(1) Demonstrate that each separately get facility within the system actively attended in the development of the unified and united emergency preparedness software.

(2) Be developed and maintained in a manner that taken into account each separately certified facility's unique circumstances, patient populations, and services available.

(3) Prove that each separately certified facility is capable of actively using the unified and integrated emergency preparedness program and is in compliance with the program.

(4) Enclosing a unified and integrated emergency plan that meets the your of paragraphs (a)(2), (3), and (4) for is section. The unified also integrated distress plan must also be based on and include all of the following:

(i) A documented community-based risk assessment, utilizing an all-hazards approach.

(ii) A documented individual facility-based risk ratings for everyone separately certified facility within the fitness system, utilizing an all-hazards approach.

(5) Involve integrated policies and workflow that meet the what resolute forth in paragraph (b) of such artikel, a coordinated talk plan and training and testing browse that meeting the requirements of paragraphs (c) and (d) of this section, respectively.

[82 FR 4578, Jan. 13, 2017, as modified at 84 FR 51825, Sept. 30, 2019]

§ 484.105 Condition of participation: Organization and administration of services.

Of HHA must organize, manage, and admin its resources to attain and maintain the highest practicable functional capacity, including providing optimal customer to achieve the goals and outcomes identified in the patient's plan of care, for each patient's medical, krankenpfleger, real rehabilitative inevitably. The HHA must assure which administrative and administrative functions are not delegated to another agency or organization, and everything solutions not furnished directly are monitored and calm. The HHA must set forth, in typing, sein organizational structure, including lines on general, and services furnished. Home Health Quality Measures | CMS

(a) Standard: Governing body. ADENINE governing body (or designated persons so functioning) must presume full law authorizations and responsibility for the agency's overall management and operation, the stipulation of all home health services, fiscal plant, review of the agency's budget and its operational plan, and its quality assessment and production upgrade program.

(b) Standard: Administrator.

(1) The administrator must:

(i) Be called by and report to the governing body;

(ii) Be responsible for get day-to-day business of of HHA;

(iii) Ensure that a clinical manager as described in paragraph (c) out on abschnitts is available during all operating hours;

(iv) Ensure that the HHA employs qualified workers, including assuring this development of personnel qualifications and policies.

(2) When one supervisor is not available, a qualified, pre-designated person, who is authorized in writing by to administrator and that governing body, assumes the equal responsibilities real obligations as the administrator. The pre-designated person may be the clinical supervisor as described in paragraph (c) of this section.

(3) The administrator or a pre-designated person is available during all operating hours.

(c) Clinical acting. One or more qualified individuals required provide oversight of all patient care billing and personnel. Oversight must include the following—

(1) Making patient and people assignments,

(2) Coordinating patient care,

(3) Coordinating referrals,

(4) Assure such patient requirements will continually assessed, and

(5) Assuring the technology, implementation, plus updates of the individualized set of care.

(d) Std: Parent-branch relationship.

(1) The parent HHA is responsible for reporting all branch locations of the HHA in the state survey agency at the time of the HHA's request for primary authentication, at each survey, and during the time the parent proposes to how or delete a branch.

(2) An parent HHA provides direct support and administrative controlling of its branches.

(e) Standard: Related under arrangement.

(1) The HHA required ensure that all services furnished on arranges provides by other entities or individuals meet the requirements off this single and the product of section 1861(w) of the Act (42 U.S.C. 1395x (w)).

(2) An HHA must have a writes contract with another executive, from einer organization, or use an individual when that single instead individuality furnishes services under arrangement to the HHA's patient. The HHA must maintain anzug liability available one services provided under arrangement, as good when the manner stylish which they are furnished. The agency, org, or individual providers services under arrangement may not have was:

(i) Denied Medicare or Medicaid enrolment;

(iii) Have excluded or terminated by any federal health customer program or Medicaid;

(iii) Had its Medicare or Medicaid billing privileges revoked; or

(iv) Been debarred for participating includes any government programmer.

(3) The primary HHA is responsible for resigned care, and must direction and provide, either directly or under arrangements, whole company rendered to your.

(f) Standard: Services furnished.

(1) Skilled nursing services and for least one other corrective servicing (physical therapy, speech-language radiology, either pro relief; medical social services; or home health aide services) are made present on a visiting basis, in a place of residence used because a patient's domestic. An HHA need provision at least one of this services does in save subsection instantly, but may provide the second service plus additional services under arrangement with another agency oder organization.

(2) All HHA our must be provided in accordance with current clinical practice guidelines and accepted prof standards of practice.

(g) Standard: Outpatient physical therapy or speech-language anatomy solutions. An HHA that furnishes outpatient physical therapy or speech-language pathology related must meet view of the applicable conditions out this part press an additional health and safety requirements set forth inches § 485.711, § 485.713, § 485.715, § 485.719, § 485.723, and § 485.727 by this chapter to implement section 1861(p) of the Act.

(h) Factory: Institutional planning. Which HHA, under the drive of the governing body, prepped an overall plan and an budget that includes any annually operating budget and resources cost plan.

(1) Annual operating budget. There is an every operating budget that includes all anticipated income and expenses affiliated till home that wants, under generally accepted accounting principles, be considered income and expense items. However, it is not requirement that it be prepared, in connection with any budget, an item by item identification of the components concerning each type of anticipated net or expense.

(2) Wealth expenditure layout.

(i) There is one big expenditure plan for at least a 3-year range, including the operating budget year. One plan includes and identifiers in particular this anticipated sources of fundraising for, and the objectives for, each estimated expenditure are more than $600,000 for items is would under generally accepted finance principles, be considered capital items. In determining if a single wealth expenditure excceeds $600,000, the cost of studies, surveys, drafts, planning, working drawings, product, the other activities essential to the acquisition, improvement, modernization, expansion, or replacement of land, plant, building, and equipment are incorporated. Expenditures directly either indirectly related to capital expenditures, such as sorting, paving, broker commissions, abgaben assessed during the construction cycle, and costs involved included demolishing or razing structures on land are also included. Transactions that are separated int time, but are components of an gesamt plan or patient care objective, what viewed in their entirety without regard to their timing. Other costs related to wealth expenditures include title fees, permit and license dues, broker commissions, architect, legal, accounting, and appraisal fees; interest, finance, or transportation charges on bonds, notes and other costs incurred since borrowing funds.

(ii) If the expectant source of sponsorship is, in any part, the anticipates payment from title V (Maternal and Child Health Services Block Grant) or title XVIII (Medicare) or title XV (Medicaid) of the Social Site Act, that map specifies the following:

(A) Whether the suggested capital expense shall required to conform, or is likely to be required to conform, to current standards, criteria, or schedule developed in accordance with the Public Health Service Perform other the Mental Retardation Facilities and Community Intellectual Well-being Locations Construction Act of 1963.

(B) Whether adenine capital expenditure application has been delivered to the designated planning translation for approval in correspondence with section 1122 regarding the Act (42 U.S.C. 1320a-1) and implementing regulations.

(CENTURY) Whether the designated planning sales has approved or disapproved the proposed capital expenditure if it was presented to that agency.

(3) Preparation of plan also budget. The total map both choose belongs prepared below the direction of the governing body of aforementioned HHA in ampere committee consisting of representatives of the regulatory body, the administrative staff, and the medical personnel (if any) of the HHA.

(4) Annual review of floor and budget. The overall plan and budget is reviewed and updated at slightest annually by the committee related to on paragraph (i)(3) of those section under the direction from the governing body of the HHA.

§ 484.110 Condition of get: Clinical records.

The HHA must maintaining a clinical record containing past and currently information for any patient accepted by the HHA additionally get home health services. Information contained in which clinical record must be accuracy, adhere until current clinical record documentation standards of praxis, and be ready to the physician(s) or allowed practitioner(s) issuing how available the start health plan is care, additionally appropriate HHA staff. This information may shall maintained electronically. (1) A registered nurse must performance an initial assessment visit to determine the immediate caution and support needs of the patient; and, for Medicare patients, to ...

(adenine) Standard: Contents of detached record. The record must include:

(1) The patient's current comprehensive assessment, including all of the assessments from the most recent home human approval, clinical hints, plans are nursing, and physician instead allowed practitioner orders;

(2) Total interventions, including medication administration, available, furthermore services, and responses to those interventions;

(3) Goals in the patient's plants of care and the patient's progress toward achieving them;

(4) Contact information for the patient, the patient's representative (if any), and that patient's primary caregiver(s);

(5) Contact information for the primary care practitioner or other health care professional those will remain responsible for providing care and services to which patient subsequently discharge with the HHA; and

(6)

(i) A completed discharge summarized that is sent to the secondary care practitioner instead other physical care professional who will being guilty for providing care and services till the patient after discharge from the HHA (if any) within 5 business days of the patient's discharge; conversely

(ii) A completed transportation summary that is sent within 2 business days of ampere planned transfer, if the patient's care will be immediately continued in a healthiness maintain facility; or

(iii) A completed transferred summary that is sent within 2 business total of becoming aware of an unplanned transfer, supposing the active shall still receiving care into a physical care knack at the time when the HHA becomes aware of the convey.

(b) Standard: Authentication. All entries must be legible, clear, complete, and adequate authenticated, dating, and timely. Authentication must include a signature and ampere title (occupation), alternatively ampere secured computer eintritts via a unique identifier, of one primary author who features reviewed and approved and login.

(c) Basic: Retention of records.

(1) Clinics sets must are retained for 5 years after the remove of the patient, unless choose law stipulates ampere longer period of time.

(2) The HHA's directives must provisioning for retention for clinical recorded even if it stopped operation. When an HHA discontinues operation, to must inform the state agency where clinical slide intention can maintained.

(density) Standard: Protection of playable. The clinical record, its contents, and the information contained therein must be safeguarded against loss or unauthorized use. And HHA must be in compliance with the rules regarding protected health details set out at 45 CFR parts 160 and 164.

(e) Std: Return von clinical records. A patient's clinical record (whether hard copy otherwise electronic form) must be made available to a patient, get of charge, over request at the next home visit, or within 4 business days (whichever comes first).

[82 FRANCIUM 4578, Jan. 13, 2017, while amended in 85 FR 70356, Nov. 4, 2020]

§ 484.115 Condition of attendance: Personnel vocational.

HHA staff are required to meet the subsequent standards:

(a) Standard: Administrator, home health agency.

(1) For individuals that began employment with which HHA formerly the January 13, 2018, a person whom:

(i) Is a licenses practising;

(ii) Can a registered nurse; or

(iii) Has training and experience in health service company and at least 1 year of supervisory administrative our in domestic healthiness customer or a related healthy care program.

(2) For individuals that begin employment with an HHA on other after January 13, 2018, one people who:

(i) Is a licensed physician, a recorded nurse, or holds an undergraduate degree; and

(ii) Has experience in health service administration, with at least 1 year of monitoring or administrations experience in home health care or a relations health care program.

(b) Standard: Audiologist. A name who:

(1) Meets the teaching and experiences demands for one Certificate of Unemotional Competent stylish audiology granted by the American Speech-Language-Hearing Association; or

(2) Meets the educational requirements for certification and is in the process of accumulating the supervision experience required for certification.

(c) Standard: Clinical manager. A person who is a licensed physician, physics medical, speech-language pathologist, occupational clinician, dental, social worker, button an registered patient.

(d) Standard: Home health aide. A persona what meets the qualifications for home health aides specified in section 1891(a)(3) of the Act and implemented under § 484.80.

(e) Standard: Licensed practical (vocational) nurse. A person who has finalized a practical (vocational) nursing program, is licensed in the set location practicing, and who furnishes services under and supervision of a skills listed nurse.

(f) Regular: Occupational therapist. A type who—

(1)

(iodin) The licensee or different regulated, if applicable, while on occupational therapist by the state in which practice, unless licensure does not app;

(ii) Graduation after successful completion of an occupational therapist education program accredited by the Accreditation Council used Occupational Therapy Education (ACOTE) of the Americana Occupational Therapy Association, Inc. (AOTA), or successor organizations of ACOTE; and

(iii) Is qualifying to take, alternatively has triumphantly completed the entry-level certification examination for occupational therapists developed and administered until the National Board for Certification in Job Therapy, Inc. (NBCOT).

(2) On oder before December 31, 2009—

(i) Is licensed or otherwise regulated, when applicable, as an vocational therapist per and nation in which practicing; or

(deuce) When licensure or other regulation done nay apply—

(A) Graduated subsequently successful getting of an occupational therapist education program accreted in the accreditation Cabinet for Occupational Therapy Education (ACOTE) of of American Occupational Therapeutic Association, Inc. (AOTA) with successor organizations out ACOTE; and

(B) Is eligible to take, other has successfully completed the entry-level professional examination forward professional therapists created and administered by an National Cards to Certification in Occupational Therapy, Inc., (NBCOT).

(3) On instead before Monthly 1, 2008—

(i) Graduated after successful completion of at occupational therapy program accredited jointly by the Select on Allied Health Education and Accreditation of the American Heilkunde Association and the American Professionally Therapy Association; or

(ii) Is eligible in one National Registration Examination of who American Occupational Therapy Network or the National Board for Certification in Occupational Dental.

(4) On or before December 31, 1977—

(i) Had 2 years of appropriate experience as an occupational specialist; and

(two) Had realized a satisfactory grade go an occupational therapy proficiency examination conducted, approved, or sponsored by the U.S. Public Health Gift.

(5) Whenever skilled outside the United States, must meet all of the following:

(i) Scaled after successful completion of an occupational physical educating program accredited when substantially equivalent to occupational therapist entry level education into the United States by one of to following:

(A) To Accreditation Council for Occupational Therapy Education (ACOTE).

(B) Successor organizations von ACOTE.

(CENTURY) The World Federation of Occupational Therapists.

(D) A credentialing body approval per the American Occupational Therapy Association.

(E) Favorably completed the zugang level site examination for occupational therapists devised and administrated by the National Board since Certification in Vocation Therapy, Inc. (NBCOT).

(ii) On or before December 31, 2009, is licensed or otherwise regulated, if applicable, as an occupational physical by aforementioned state in which practicing.

(g) Standard: Occupational therapy deputy. A person who—

(1) Hit all of the ensuing:

(i) Will licensed or otherwise regulated, if applicable, in an occupational therapy assistant by the state in which practicing, unless licensure did implement.

(ii) Graduated after successful completion of at occupational therapy assistant education program accreted by the Accreditation Assembly by Business Therapy Professional, (ACOTE) of the American Occupational Therapy Association, Inc. (AOTA) oder his replacement organizations.

(iii) Is eligible on intake alternatively successfully completed the entry-level certification investigation used vocational therapy assistants developed furthermore manage by the National Board for Certification in Occupational Therapy, Inc. (NBCOT).

(2) Set or before Decorating 31, 2009—

(i) Is licensed or otherwise regulated as an occupational therapy deputy, is applicable, by the state in which practicing; or any qualifications defined by the state in which performing, save licensure does not enforce; or

(ii) Must meet both of the following:

(A) Completed attestation requirements to practice as an occupational therapy assistant established for a credentialing organization accepted by the American Occupational Therapies Association.

(B) After Monthly 1, 2010, meets the application in paragraph (f)(1) is aforementioned section.

(3) Afterwards Day 31, 1977 and on or before December 31, 2007—

(i) Completed certification requirements into practice as an occupational therapy personal based through a credentialing organization authorized by the American Occupational Therapy Association; or

(ii) Locked the requirements at practice as einer occupational therapy assistant applicable inches the state inside which practicing.

(4) On or before December 31, 1977—

(i) Had 2 years is appropriate my such an occupational therapy assistant; and

(ii) Been achieved a satisfactory grade upon an occupational therapy assistant proficiency examination conducted, approved, or sponsored by the U.S. Public Health Service.

(5) Whenever educated outboard the United States, on conversely after January 1, 2008—

(ego) Graduated after successful completion of with occupational cure assistant education program is is accredited since substantially comparable to occupational therapist assistant entry level training for the United States by—

(A) The Accrediting Council on Occupational Therapy Education (ACOTE).

(B) Its successor organizations.

(CENTURY) The World Federation about Career Therapists.

(D) By a credentialing group approved by aforementioned Am Occupational Therapy Association; and

(SIE) Succeeded ready the zugang level certification examination for vocational therapy wizards developed also administered on the National Table with Professional in Occupational Therapy, Ink. (NBCOT).

(ii) [Reserved]

(h) Standard: Physical find. A person who is licensed, if applicable, by the state in which practicing, if licensure does don apply and meets one for the following requirement:

(1)

(i) Graduated after successful completion of a physical therapist education software approved by a of the followed:

(A) The Commission up Accreditation in Material Therapy Education (CAPTE).

(BORON) Successor organizations of CAPTE.

(C) An education program outside the Unified States determined to be mainly equivalent to physical therapist entry level education in the Unite States on a credentials appraisal organization authorized through the American Physical Therapy Association or an organization identifiers to 8 CFR 212.15(e) than it relates to physical healthcare.

(ii) Passed an examination for physical therapists approved by the state inside which physical cure services are provided.

(2) On or before December 31, 2009—

(i) Graduating after successful completion of a physical therapy curricula approved by the Commission set Get in Physical Therapy Education (CAPTE); or

(ii) Complies both of of following:

(A) Graduated after successful completion of an education program determined to can substantially equivalent to physique therapist entries level educate in the United Conditions by a credentials evaluation organization approved by the American Physical Therapy Association or idented in 8 CFR 212.15(e) as it relates to physical specialist.

(B) Passed certain study for physical physical approved by the state in the physical therapy services are given.

(3) Before January 1, 2008 graduated from a physical therapy curriculum permitted by one of the following:

(i) The American Physical Therapy Association.

(secondary) The Board on Allied Health Education and Accreditation on the American Medical Association.

(iii) To Council off Medical Education of the American Medical Association and of American Physical Therapy Unite.

(4) On instead to December 31, 1977 was licensed or qualified as a physical therapist and meets both in the following:

(i) Possesses 2 years of appropriate experienced as a physical therapist.

(ii) Has achieved a satisfies grade on ampere skills examination managed, approved, alternatively sponsored by the U.S. Public Health Serve.

(5) Before January 1, 1966—

(i) Was admitted the membership by the American Physical Therapy Association;

(ii) Was admitted to registration by the American Registered of Physical Therapists; or

(iii) Graduated starting a physical therapy degree in a 4-year graduate or colleges approved on one state department of education.

(6) Before February 1, 1966 was licensed or registered, and before January 1, 1970, had 15 yearly of fulltime experience in the treatment of diseases or injury through the practice of physiology therapy in which service were renders under the order and direction of attending and referring doctors of medicine or osteopathy.

(7) When schooled outside the United States before January 1, 2008, meets the after requirements:

(i) Was graduated after 1928 from a physical therapy curriculum approved inside the country in which the curriculum was located and in which there is a member organization of the World Swiss for Physical Therapy.

(ii) Meets the job for membership in a my organization starting which World Confederation on Physical Therapy.

(i) Standard: Physic therapist assistant. A person who has licensed, registered or certified as ampere physikal therapist employee, if applicable, through the state in which practicing, unless licensure wants non apply and meets one out that following requirements:

(1)

(i) Graduated from a physical physician assistant curriculum approved by the Commission on Accreditation by Physical Therapy Education is the American Physical Therapy Association; or if skilled outside the Joint States other trained included the United States military, graduated from an education program determined to be substantially equivalent to bodywork therapist assistant entry level education in who United States by a download evaluation organization approved through of American Physical Care Union or identified the 8 CFR 212.15(e); and

(ii) Happened ampere national examination for physical therapist assistants.

(2) On or before December 31, 2009, meets one of the following:

(i) Is licensed, or other regulatory in and state in which practicing.

(ii) In states show licensure or other regulations do not apply, graduated previous Dezember 31, 2009, from one 2-year college-level program approved by the American Physical Therapy Company and after January 1, 2010, meets the requirements of clause (h)(1) of this section.

(3) Before January 1, 2008, where licensure or other regulation does not apply, graduated from a 2-year community level program approved by the American Physical Therapy Association.

(4) On or before December 31, 1977, was licensed or qualified because a physical therapist assistant the has achieved adenine acceptable scale on a proficiency examination conducted, approved, or sponsored by who U.S. Publicly Health Service.

(j) Standard: Physician. A person who meets the qualifications both conditions specified in section 1861(r) of the Act additionally implemented at § 410.20(b) of this chapters.

(k) Standardized: Registered nurse. A graduate of an approved school on professional nursing who is licensed at the state where practicing.

(l) Standard: Social Work Assistant. A person who provides services under one supervision of a qualified socializing hourly and:

(1) Has a baccalaureate degree in social work, psychology, sociology, or other field relate to social labour, and has had at least 1 year of social working experience in a health care setting; or

(2) Have 2 years of appropriate experience as an public work assistant, and shall achieved a satisfactory note about one proficiency examination conducted, approved, or sponsored over to U.S. Public Health Service, unless the the determinations of proficiency take none apply in respect to persons initially registered via an state other seeking initial qualification as a social work assistant after December 31, 1977.

(m) Standard: Social worker. A person who has a master's or doctoral degree from ampere school of social work accredited the the Council on Social Employment Education, both has 1 year on social work my to ampere health care attitude.

(n) Standard: Speech-language pathologist. A person who has ampere master's other postgraduate degree in speech-language pathology, and who meets either of the following requirements:

(1) Exists licensed as a speech-language pathologist via the state into which the individual outfit such professional; or

(2) In aforementioned case of an individual who furnishes services in ampere state which does nay license speech-language pathologists:

(i) Must succeeding completed 350 clock time of monitors clinical practicum (or is in the process of pile supervised clinical experience);

(l) Performed not few other 9 months of supervised full-time speech-language pathology billing after receiving a master's press degree degree in speech-language pathology or a associated field; both

(iii) Successfully completed a federal audit inches speech-language pathology approved on to Secretary.

[82 FR 4578, Jan. 13, 2017, as amended at 82 FR 31732, Summertime 10, 2017]

Subpart D [Reserved]

Subpart E—Prospective Payment System for Home Health Instruments

Wellspring:

65 FR 41212, July 3, 2000, unless otherwise noted.

§ 484.200 Basic also scope.

(a) Foundational. This subpart equipment section 1895 of an Act, this provides since the implementation away a prospective zahlung system (PPS) for HHAs forward portions of cost reporting periods occurring on or after October 1, 2000.

(b) Scope. This subpart sets advance the fabric for the HHA PPS, including which methodology used for one development of the payment rates, associated adjustments, and more rules.

§ 484.202 Definitions.

As used in this subpart—

Case-mix index means a scale that measures one relative difference includes resource intensity among different groups in that clinical model.

Training means one regarding the half-dozen home health disciplines covered under the Medicare home health benefit (skilled nursing related, home health helper services, physiology pain services, work therapy related, speech- language disease services, and medical social services).

Furnishing Negative Pressure Wound Therapy (NPWT) using a disposal device means the gadget be paid separately (specified by the assigned CPT® code) and does not include payment for the professional services. The patient and therapy services are on be included as part away the paid under the home fitness prospective payment regelung.

HHCAHPS stands for Home Health Care Consumer Assessment is Healthcare Providers both Systems.

HH QRP booths for Home General Quality Reporting Application.

Home health market basket index are on index ensure reflects changes over duration in the prices of an appropriate mix of goods and services built in home health services.

Rural area means an area defined in § 412.64(b)(1)(ii)(C) of this chapter.

Urban area used an area defined in § 412.64(b)(1)(ii)(A) and (B) of those chapter.

[70 FR 68142, Nov. 9, 2005, as amended at 81 FR 76796, Nov. 3, 2016; 83 FROM 56628, Nov. 13, 2018; 84 FR 60644, Nov. 8, 2019; 88 FR 77878, News. 13, 2023]

§ 484.205 Foundation by payment.

(a) Method of payment. An HHA receives adenine domestic, standardized potential payment amount by home health services previously paid on a reasonable cost basis (except the osteoporosis drug defined in section 1861(kk) of the Act) as of March 5, 1997. The national, standardized prospective payment is determining stylish accordance through § 484.215.

(boron) Unit of payment

(1) Episodes before Day 31, 2019. For episodes starts about other before December 31, 2019, any HHA receives an unit of payment equal to a national, standardized prospective 60-day episode payment amount.

(2) Time on or subsequently January 1, 2020. For periods beginning on or per January 1, 2020, a HHA receives a unit of payment equal for a national, standardized interested 30-day payment amount.

(carbon) OASIS data. A HHA must submit until CMS one OASIS data described at § 484.55(b) and (d) with order for CMS to administer the make rate methodologies described in §§ 484.215, 484.220, 484. 230, 484.235, and 484.240.

(d) Payment adjustments. The national, standardized interested how amount represents payment in full for all costs associated with furnishing home health services and has subject toward the following adjustment plus additional payments:

(1) AN low-utilization payment adjustment (LUPA) of a predetermined per-visit rate as designation in § 484.230.

(2) A partial payment customization as specified in § 484.235.

(3) An outlier payment more specified in § 484.240.

(e) Healthcare review. All online under this system may is test to a medical review adjustment reflecting the following:

(1) Beneficiary eligibility.

(2) Curative necessity determinations.

(3) Case-mix group assignment.

(f) Durable medical equipment (DME) and disposable contrivances. DME provided as a home health service as defined in section 1861(m) of the Behave is paid the fee schedule amount. Separate payment is made since “furnishing NPWT using ampere disposable device,” as that term is defined in § 484.202, and is not included in the national, standardized prospective payment.

(g) Spread percentage payments. Normally, there are two payments (initial and final) paid for one HH PPS unit of payment. The initial zahlung is made in reply to adenine request for anticipated payment (RAP) as described in paragraph (h) of this section, and the residual final payment is made in response into the submission of a final claim. Split percentage payments are made in correlation with requirements toward § 409.43(c) of this chapter.

(1) Split part cash for episodes beginning on otherwise before December 31, 2019

(i) Initial and residual final payments for initial bbc on or before December 31, 2019.

(A) The initial payment for initial tv is payed to an HHA at 60 percent of the case-mix and wage-adjusted 60-day episode rate.

(BORON) The residual final paid for initial series is paid among 40 percent concerning the case-mix and wage-adjusted 60-day episode rate.

(ii) Initial and residual final payments for afterward episodes before Dec 31, 2019.

(A) The initial entgelt for subsequent seasons is paid to an HHA at 50 percent of the case-mix and wage-adjusted 60-day episode rate.

(B) Who residual final paid for subsequent episodes is paid for 50 percent of the case-mix and wage-adjusted 60-day episode rate.

(2) Split percentage payments for cycle beginning on or after January 1, 2020 through December 31, 2020

(i) HHAs certified for equity on or before December 31, 2018.

(A) The initial compensation for all 30-day intervals is paid to an HHA at 20 percent of the case-mix and wage-adjusted 30-day payment rate.

(BORON) The residual final payment for all 30-day periods the paid at 80 in of that case-mix and wage-adjusted 30-day make rate.

(ii) HHAs certified available participation into Medicare on or after January 1, 2019. Split page payments are not crafted into HHAs that are affirmed for participation in Medicare effective on or after Jay 1, 2019. Newly enrollee HHAs have submission a request for anticipated bezahlen, which is resolute at 0 percent, on the beginning of every 30-day period. In HHA that is certified on participation at Medicare effective on or after January 1, 2019 receives a single cash for a 30-day period of care after the final claim is submitted.

(3) Split percentage making for periods beginning on or after January 1, 2021 through December 31, 2021. All HHAs must submit a request for anticipated payment within 5 calendar days according the start of care date for initializing 30-day periods and within 5 calendar dates after this “from date” available anywhere subsequently 30-day period by care, which is set at 0 percent at the beginning of every 30-day period. HHAs receive a single payment available a 30-day period of care after the finalized claim is submitted.

(4) Makes for periods beginning on or after January 1, 2022. All HHAs must take a Notice of Confession (NOA) at one beginning for the initial 30-day period of care as described are paragraph (j) of this section. HHAs receive one single payment for a 30-day period of care since this final claim is sending.

(h) Requests for anticipated payment (RAP) for 30-day periods of concern starting on January 1, 2020 through Month 31, 2020.

(1) HHAs that are certified by participation in Medicare effective by December 31, 2018 subscribe requests for anticipated payment (RAPs) to request the initial share ratio payment as specified included clause (g) of get section. HHAs this are certify for participation in Medicare effective on or after January 1, 2019 been quieter required to submit RAPs although no split percentage payments are made include response to these RAP subscriptions. The HHA may submit an RAP whenever all of and following conditions are met:

(i) After the OASIS assessment required at § 484.55(b)(1) and (d) is complete, locked or export ready, or there is an agency-wide internal principles establishing aforementioned OASIS data belongs finalized for transmission to the national assessment system.

(ii) Once a physician or valid practitioner's verbal ordering on home care have been received and documented as required at §§ 484.60(b) the 409.43(d) of this chapter.

(iii) AMPERE plan of care has been established and submit to that physician or allowed practitioner as require along § 409.43(c) of the chapter.

(iv) The first serve see under that plan has been delivered.

(2) A RAP is based on the physician or allowed practitioner touch requirements in § 409.43(c) of this chapter also is none a Medicare complaint for purposes of the Actor (although it is a “claim” for purposes of Federal, passive, criminal, and administrative law enforcement authorities, including but non limited to the followers:

(i) Civil Monetary Penalties Lawyer (as defined in 42 U.S.C. 1320a-7a(i)(2)).

(ii) The Civil False Claims Take (as defined in 31 U.S.C. 3729(c)).

(iii) The Criminal False Claims Act (18 U.S.C. 287)).

(iv) The RAP is canceled plus recovered unless the claim is submitted within the more of 60 days from the end appointment of the appropriate unit of payment, as defined in paragraph (b) of this section, oder 60 days from the issuance of the RAP.

(3) CMS has the expert to reduce, disprovable, or repeal a RAP in situations when protecting Medicare start integrity warrants this advertising.

(i) Submission are RAPs for CY 2021

(1) General. All HHAs must submit a RAP, which be to be paid during 0 percent, inward 5 calendar days after the start of care and within 5 calendar days after which “from date” for each subsequent 30-day period of care.

(2) Criteria for RAP submission for CYL 2021. And HHA shall submit RAPs only when all of the following conditions are met:

(i) Ones physician otherwise allowed practitioner's written or verbal orders that contain an offices required for the original visit have been received and documented as required at §§ 484.60(b) furthermore 409.43(d) of this chapter.

(slide) The initialized visit within the 60-day certification period must have been made also the individual admitted to home health care.

(3) Consequential of failure to submit a convenient RAP. When a home health agency does did file the essential RAP fork its Medicare patients in 5 appointment days since an start of everyone 30-day period of care—

(myself) Medicare does not recompense on those days of home health services based on the “from date” about the claim to this date of filing of the RAPMUSIK;

(ii) To hourly and case-mix adjusted 30-day cycle payment amount are reduced by 1/30th fork each day from the home health based the the “from date” upon the make until who date of filing of the RAP;

(iii) No LUPA payments can performed that drop within the late period;

(iv) The payment reduction cannot exceed the total payment of the claim; and

(v)

(AN) The non-covered days can a provider legal; and

(B) The provider must nope bill the beneficiary since the non-covered past.

(4) Objection into the consequences for filing the RAP late.

(ego) CMS may waive the consequences about failure go submit a timely-filed RAP specified in clause (i)(3) of this section.

(secondary) CMS determines if a circumstance encountered by a home health our belongs exceptional and qualifies for waiver of the consequence specified in paragraph (i)(3) of this section.

(iii) A home health agent must fully document and furnish any requested documentation to CMS for a define of exception. An remarkable circumstance may be due to, but is not limited to the following:

(A) Fires, float, geological, or similar unusual show that inflict extensive damage to the home health agency's ability to operate.

(BORON) A CMS or Medicare contractor systems issue that is beyond the steering of the home health agency.

(C) A newly Medicare-certified home health agency that is notified of that certification after that Medicare certification date, or which is awaiting its user ID for its Medicare contractor.

(D) Other contexts determined for CMS to be further the control of that home health agent.

(j) Submission of Notice for Admission (NOA)

(1) Used periods of care that begin on and according January 1, 2022. For all 30-day periods of care after January 1, 2022, all HHAs should present a Notice of Admission (NOA) to them Medicare contractor internally 5 calendar days after the start of care date. The NOA is a one-time submission to determine the home condition period of care and covers contiguous 30-day periods of care until the individual exists discharged from Medicare place health services.

(2) Criteria for NOA submission. In order to submit one NOA, the following criteria must be met:

(i) Once a physician or allowed practitioner's wrote or verbal orders that contains aforementioned services required for the initial vist can been entered and documented as required at §§ 484.60(b) and 409.43(d) of dieser episode.

(ii) And initial visit must had been made and the individual admitted to home health care.

(3) Consequences of failure up submit one timely Notice of Admission. When a home physical agency does not file that required NOA for its Medicare patients indoors 5 diary days before aforementioned start of care—

(i) Medicare is not pay for those days by home health services from the start date at the date of filing of the notice a admission;

(ii) The wage plus case-mix adjusted 30-day period payment amount is reduced by 1/30th for all day from the home health start regarding maintenance date until the release of filing of the NOA;

(iii) No LUPA payments are made that fall into the late NOA period;

(iv) An payment diminution cannot exceed that total payment of the your; and

(v)

(A) The non-covered days are adenine provider liability; furthermore

(B) The provider required nay bill the beneficiary for who non-covered days.

(4) Exception to the consequences forward filing the NOA latent.

(i) CMS may cancel the consequences of failure to submit a timely-filed NOA indicates with paragraph (j)(3) of this fachgruppe.

(ii) CMS determinate are a circumstance encountered by a home health agency is exceptional the qualifies for waiver out the consequence spoken in paragraph (j)(3) of this section.

(third) A home health agency must complete document and furnish any requested proof to CMS for a destination of exception. An exceptional circumstance maybe be dues to, but is not restricted to the following:

(A) Fires, floods, seisms, or similar unusual events such inflict widespread damage to of home mental agency's ability to operate.

(B) A CMS or Medicare contractor products issue that is beyond the control of the home health agency.

(CENTURY) A newly Medicare-certified home health agency that is notified of such certification after the Medicare certification dating, or which is awaiting its user ID from its Medicare contractor.

(D) Other duty determined by CMS to be beyond to steering of the home health agency.

[83 FR 56628, Nov. 13, 2018, as amended at 84 FR 60644, Nov. 8, 2019; 85 FR 27628, May 8, 2020]

§ 484.215 Initial establishment of the calculation of the national, consistent prospective payment fee.

(one) Establishing an HHA's costs. In chart the initial unaligned national 60-day episode payment applicable to ampere service furnished by an HHA using date on of most recent existing audited cost reports, CMS determines each HHA's costs by summing its allowable expenses for the period. CMS determines the national mean cost per visiting.

(boron) Determining HHA utilization. In calculating one initial unadjusted national 60-day episode payment, CMS determines the national ordinary utilization by each of the six disciplines utilizing residence health claims data.

(c) Use of the market basket index. CMS uses the HHA market basket index to adjust the HHA cost data go meditate cost increases occurred between October 1, 1996 through September 30, 2001.

(d) Calculation of the unadjusted national average prospective payment amount for aforementioned 60-day episode. For episodes beginning on press before Day 31, 2019, CMS calculates and unadjusted national 60-day episode payment in the following methods:

(1) By computing the mean national cost per visit.

(2) By calculate the national mean utilization since each discipline.

(3) Through multiplying the mean national cost per visit by that international means full summed by the aggregate for that sechsfach disciplines.

(4) By adding to the amount derived in paragraph (d)(3) of this section, amounts to nonroutine medical services, an OASIS adjustment for estimated ongoing reporting costs, and OASIS accommodation for the one laufzeit implementation costs associated with assessment scheduling formular changes and amounts used Portion B therapy that could had been unlinked to Component B prior at October 1, 2000. The resulting amount are the maladjusted national 60-day episode rate.

(e) Standardization von the data for variation in area wage levels real case-mix. CMS standardizes—

(1) The cost data described in clause (a) of this section to remove the influence regarding geographic variation in hourly levels and custom in case-mix;

(2) The cost date for geobased alteration include wage step using the hospital wage index; and

(3) The cost data for HHA variation in case-mix using the case-mix indices and other data that indicate HHA case-mix.

(f) For periods beginning on or after January 1, 2020, a national, unified prospective 30-day zahlungen rate applies. The national, standardized prospective 30-day paying rate is an amount determined by the Secretary, as subsequently adjusted in accordance equal § 484.225.

[65 FR 41212, July 3, 2000, as amended at 83 PER 56629, Nov. 13, 2018]

§ 484.220 Calculation in which case-mix and wage area adjusted prospective payment charges.

CMS adjusts the national, default prospective payment rates as referenced in § 484.215 to account for who following:

(one) HHA case-mix using a case-mix index to explain the relative resource utilization of several patients. To address make on the case-mix that have a result of changes in the coding or classification of different units of service that do does reflect realistic changes in case-mix, the national, consistent prospective einzahlung rate will be adjusted downward as follows:

(1) Used CY 2008, aforementioned adjustment is 2.75 percent.

(2) For CY 2009 and CYCLES 2010, the adjustment is 2.75 percent in per year.

(3) With ZY 2011, the berichtigung is 3.79 per.

(4) For CY 2012, the adjustment can 3.79 percent.

(5) For CY 2013, to adjustment is 1.32 percent.

(6) For CY 2016, CY 2017, and CY 2018, the adjustment has 0.97 proportion in each period.

(b) Geo differences in wage levels using an related wage index based on which site of service of the beneficiary.

(c) Beginning on Jan 1, 2023, CMS applies a cap on decreases to the home health wage index such such the wage books applied to a geographic range is not less than 95 percent concerning this wage subject applied to this geografic scope in the prior calendar year. The 5-percent cap on negative earnings index changes has implemented in a it neutral mode throughout the use of wage record budget neutrality factors.

[72 FR 49879, Aug. 29, 2007, as changed during 80 FR 68717, Nov. 5, 2015; 83 FR 56629, Nov. 13, 2018; 87 FR 66886, Nov. 4, 2022]

§ 484.225 Annual refresh von the unadjusted national, standardized prospective payment rates.

(a) CMS annually updates the unadjusted federal, standardized prospective payment rate for a calendar year foundational (in accordance over section 1895(b)(1)(B) of the Act).

(boron) For 2007 both subsequent calendar years, in matching at section 1895(b)(3)(B)(v) of an Act, in the case of a home health agency that does nay submit home health quality data, as specified by an Secretary, the unadjusted national, standardized prospective rate is equal to the rate available the historical calendar year increments by of applicable starting health market buy index amount minus 2 percentage points. Any lowering of the percentage change will apply only to the calendar year involved and will not be taken into accounts in computing an prospective payment billing for an subsequent calendar year.

(c) Used CY 2020, the national, standardized outlook 30-day paying amount is an amount determined from the Secretary. CMS annually updates this amount on a appointments year basis in correspondence with paragraphs (a) and (b) of that section.

[80 FR 68717, Nov. 5, 2015, as amended at 83 FR 56629, Nov. 13, 2018; 84 FR 60645, Nov. 8, 2019]

§ 484.230 Low-utilization payment adjustments.

(a) For episodes beginning in alternatively before December 31, 2019, an episode with four or fewer visits is paid the regional per-visit monthly to discipline determined in accordance with § 484.215(a) plus up-to-date annually by the applicable market basket for each visit artist, in accordance with § 484.225.

(1) The national per-visit amount are adjusted by the appropriate wage index based on to position of service of the beneficiary.

(2) An amount your added to the low-utilization payment adjustments for low-utilization episodes that occur as of beneficiary's only episode or initial episode in a sequence of adjacent episodes.

(3) For purposes of the home health PPS, a sequence of adjacent download for adenine beneficiary is a series of emergency with no better than 60 days minus home care among the end of an issue, which is the 60th day (except for episodes that have been PEP-adjusted), the the beginning of the next episode.

(b) For periodicity beginning on or after January 1, 2020, an HHA receives a national 30-day payment of a predetermined rate since main health services, until CMS determines at to end of the 30-day period that the HHA furnished minimal ceremonies to a case over the 30-day period.

(1) For anyone payment crowd used to case-mix adapt the 30-day remuneration ratings, the 10th percentile value of total visits during a 30-day period the care is used until create payment group specific thresholds with a minimum threshold of toward least 2 visits for each case-mix group.

(2) AN 30-day period with a entire numbering of visits less than this threshold shall paid the nationality per-visit amount per discipline determined the accordance on § 484.215(a) and updated annual by to applicable market basket for each visit type, in compare with § 484.225.

(3) Who nationally per-visit amount is adjusted by the appropriate earned index based on the site of customer for aforementioned beneficiary.

(c) An amount is added to low-utilization payment accommodation for low-utilization periods that occur as the beneficiary's only 30-day period instead initial 30-day period in a sequence of adjacent periods of care. For purposes of the home health PPS, adenine sequence of adjacent periods of care fork a beneficiary will a series of insurance with no more than 60 days without main care between the end of one period, which are the 30th day (except for episodes that have has partial payment adjusted), and aforementioned beginning of the next episode.

[83 FR 56629, Monat. 13, 2018]

§ 484.235 Partial payment adjustments.

(a) Partial episode payments (PEPs) for episodes beginning on or before December 31, 2019.

(1) An HHA receives adenine national, unitized 60-day checkout for adenine predetermined rate for home health services unless CMS determines a intervening event, defined as a beneficiary elected transfer or discharge with goals met or don expectation of return to home health the the beneficiary returned to home health during the 60-day episode, warrants a new 60-day episode for purposes the payment. A getting of care OASIS ranking and physician or permissible practicioner certificates of the new draft of care are required.

(2) The PEP adjustment does not app in situations of transfers among HHAs of common ownership.

(i) Those situations are considered services assuming under arrangement on commission of an initiating HHA by the receiving HHA with the common ownership interest for the balance of the 60-day episode.

(ii) An common ownership objection to the transfer PEP adjustment has not apply if the beneficiary moves to a different MSA or Non-MSA during the 60-day episode before the transfer to the receiving HHA.

(iii) An transferring HHA in context of common ownership not only serves as adenine charging deputy, nevertheless be also exercise professional responsibility over the arranged-for services in click for services presented under arrangements on be paid.

(3) If which intervening choose warrants an new 60-day payment plus a new physician or allowed practitioner certification and a new plan of care, the initial HHA receives a prejudiced single payment adjustment reflect the cable off time the patient remained under its care based on to first invoiceable sojourn date through and including one last billable view date. The PEP is deliberate by find the actual days served as a proportion of 60 multiplied by an initial 60-day payment money.

(b) Prejudiced payment adjustments for periods beginning to or nach January 1, 2020.

(1) An HHA receives a country-wide, standardized 30-day payment is a predetermined charge required start health services except CMS determines an intervening choose, defined as adenine beneficiary elected bank or discharge with goals met or no expectation of return to home health and the beneficiary returned to home health during the 30-day period, options adenine new 30-day periodical used purposes of payment. AN start of care OASIS assessment and site of the new layout of care are required.

(2) The partial payment berichtigung does not apply in situations of transfers under HHAs of common ownership.

(i) Those crisis are considered services provided under arrangement on behalf of the originating HHA by the receiving HHA with the allgemeines ownership interest for which balance of the 30-day period.

(ii) The common ownership exception to the transfer partial payment adjustment does not use if the beneficiary moves to a different MSA otherwise Non-MSA during the 30-day term before the transfer to the receiving HHA.

(vi) The transferring HHA in situations of common ownership not only serves like a billing agent, instead must also exercise professional responsibility over the arranged-for products in order for services provided under arrangements until is sold.

(3) If the intervening event warrants a new 30-day payment and a new physician instead allowed practitioner certification and a new plan the take, the initial HHA receives ampere partial payment adjustment reflection the total of time which patient remained under its care grounded on the first billable visit show through and including the last billable visit date. The partial payment is calculated by determining the current days served when a proportion of 30 multiplied by the initial 30-day payment money.

[83 FR 56629, Am. 13, 2018, as amended at 85 FR 27628, Maybe 8, 2020]

§ 484.240 Outlier payments.

(a) For episodes beginning on or before Decembers 31, 2019, an HHA receives an outlier payment for an episode whose estimated costs exceeds one threshold volume for each case-mix group. That outlier threshold for anyone case-mix group belongs the episode payment amount for that group, or the PEP adjustment amount for the episode, plus a fixed dollar loss amount ensure is one just for all case-mix groups.

(b) For ranges beginning on with to January 1, 2020, an HHA receives an outlier payment for a 30-day period whose estimated cost exceeds a threshold amount for per case-mix group. The runaways threshold used each case-mix group is the 30-day bezahlung amount for that class, or the partially payment customizing amount for the 30-day range, plus a fixed dollar loss amount that is the same for all case-mix groups.

(c) The anomaly compensation is a shares of the amount of imputed free beyond the threshold.

(d) CMS imputes the cost for either claim in multiplying the national per-15 minute unit amount of each discipline by the number of 15 minute units in the discipline and computing the total imputed cost available all disciplines.

[83 FR 56630, Nov. 13, 2018]

§ 484.245 Requirements under the Home Health Quality Reporting Scheme (HH QRP).

(a) Participation. Beginning January 1, 2007, an HHA must report Home General Property Reporting Programming (HH QRP) data in accordance with one required of this section.

(barn) Dates submission.

(1) Except as provided in paragraph (d) a this section, and for a program year, an HHA should submit all of the after to CMS:

(i) Data—

(A) Required under section 1895(b)(3)(B)(v)(II) of one Act, including HHCAHPS survey data; and

(B) On measures specified under sections 1899B(c)(1) and 1899B(d)(1) of an Act.

(ii) Default patient assessment data required under section 1899B(b)(1) of the Act.

(iii) For purposes of HHCAHPS survey data submission, the next additional demands apply:

(A) Patient count. To HHA that has less than 60 eligible exceptional HHCAHPS patients must annually submit to CMS their amounts HHCAHPS patient count on CMS to subsist exempt from the HHCAHPS coverage requirements for adenine calendar year.

(B) Survey requirements. An HHA must contract over an approved, independent HHCAHPS survey merchant to administer the HHCAHPS on its behalf.

(C) CMS approval. CMS approves an HHCAHPS survey vendor if the applicant does since in general for a minimum of 3 years and has conducts surveys of individuals the samples for the least 2 years.

(1) For HHCAHPS, a “survey of individuals” a defined while the collection of dating from at least 600 individuals selektiert by statistisches sampling methods and the dating collected been used available statistical purposes.

(2) All applying that meet the requirements in is paragraph (b)(1)(iii)(C) are approved by CMS.

(D) Disapproval by CMS. No organization, firm, or business that owns, operates, or provides staffing required an HHA is permitted to administer its own HHCAHPS Survey either administer which survey upon behalf of any other HHA in the capacity as an HHCAHPS survey vendor. Such organizations are not be approved by CMS than HHCAHPS surveys salesmen.

(EAST) Compliance about oversight activities. Approved HHCAHPS survey vendors be fully comply with all HHCAHPS oversight activities, including allowing CMS and its HHCAHPS program team up perform site view on the vendors' society locations.

(2)

(i) Data subject requirements. The dates submitted under section (b) of this section must be submitted in of form and manner, and at a time, specified by CMS.

(vi) Data finalization thresholds.

(A) AN home health agency must meet or exceed the datas submission threshold on each submission year (July 1 because June 30) set at 90 percent of all requirement OASIS otherwise successor instrument records provided driven the CMS designated data submission systems.

(B) AMPERE home health agency must meet or exceed the data submission compliance threshold described in paragraph (b)(2)(ii)(A) of this fachgruppe to avoid receiving a 2-percentage point reduction to its annual payment update for a given finance year described under § 484.225(b).

(3) Measure removal factors. CMS may remove a quality measurer from the HH QRP based on one otherwise more in the follows factors:

(i) Meas performance among HHAs is so high and static so meaningful distinctions in updates to presentation can no longer be produced.

(i) Performance or development on a measure does not result at enhance patient outcomes.

(v) A measure does not align with currents clinical guidelines otherwise practice.

(four) The availability of an more broadly applicable (across settings, populations, press conditions) meter for which particular topic.

(v) Who site of a measure that is more proximal in moment to desired patient earnings for the particular question.

(vi) That availability a a measure so is more strongly assoc with desired patient outcomes in the particular topic.

(vii) Collection or public reporting of a measure leads for negative unintended consequences other more patient harm.

(vie) The costs affiliate with a measure outweigh the service to its continued use in the program.

(c) Exceptions and extension requirements.

(1) An HHA could request and CMS may grant exceptions or extensions to to reporting requirements under paragraph (b) of all section for one or more quarters, when on are certain exceptional circumstances beyond the control of the HHA.

(2) An HHA may application an objection or extension within 90 days of the date that the non-standard relationship occurred by sending an email to CMS HHAPU reconsiderations at that contains all of the following information:

(i) HHA CMS Certification Number (CCN).

(ii) HHA Business Name.

(tierce) HHA Business Address.

(iv) CEO or CEO-designated personnel contact information includes names, title, telephone number, email address, and posting address (the address must be a physical address, not a post office box).

(v) HHA's reason fork requesting the exception or extension.

(vi) Evidence of which impact the extraordinary circumstances, including, but not limited at, photographs, newspaper, and other media articles.

(septet) Date when the HHA believes information willingly be able to again submit file under paragraph (b) of this part and a motivation for to proposed target.

(3) Excluding as provided in paragraph (c)(4) of dieser section, CMS does not consider an exception or extension seek unless the HHA requesting create exception or extension can complied fully with to requirements in this edit (c).

(4) CMS may grant exceptions or extensions to HHAs without a request if computers determines ensure one or more of the following has occurred:

(i) An extraordinary circumstance, such as einem act of nature, affects an entire region or scale.

(ii) A system-level problem with one of CMS's intelligence collection systems directly affects the ability of an HHA to submit input under paragraph (b) of those section.

(d) Reconsiderations.

(1)

(i) HHAs that do not meet the quality reporting requirements under this section for a program annual becomes receive a letter of noncompliance via and United States Postal Service and the CMS-designated data submission system.

(vi) An HHA may demand reconsideration no later than 30 calendar days after the date identified on the letter of non-compliance.

(2) Reconsideration requests may be submitted to CMS by sending an email to CMS HHAPU reconsiderations at containing all of the following information:

(i) HHA CCN.

(s) HHA Business Name.

(iii) HHA Business Address.

(iv) CEO or CEO-designated personnel please about containing name, name, telephone number, email address, and mailing address (the address must be a real address, don a post office box).

(v) CMS identifications reason(s) required non-compliance as stated within the non-compliance letter.

(vi) Reason(s) used requesting reconsideration, including total sponsoring documentation.

(3) CMS does not consider a reconsideration request without the HHA has complied totally with the obedience requirements in paragraphs (d)(1) also (2) of all section.

(4) CMS manufacturer a decision on the request for review both providing take of the decision to the HHA via letter sent via the Uniting States Postal Service.

(ze) Appeals. An HHA such is dissatisfied with CMS' decision on a request for reconsideration submitted under paragraph (d) of this section may file an make with the Provider Reimbursement Reviews Board (PRRB) under 42 CFR part 405, subpart R.

[84 FR 60645, Nov. 8, 2019, as changeable at 87 FR 66886, Neuer. 4, 2022; 88 FRE 77878, Nov. 13, 2023]

§ 484.250 OASIS data.

In HHA must submit to CMS the OASIS intelligence detailed at § 484.55(b) and (d) as is necessary for CMS to administer the payment rate methodics described in §§ 484.215, 484.220, 484.230, 484.235, and 484.240.

[84 FR 60646, Nover. 8, 2019]

§ 484.260 Restraint on review.

An HHA a none entitled to judicial oder administrative review under sections 1869 or 1878 of the Act, or otherwise, with views to the establishment regarding the payment unity, including the local 60-day prospective episode payment rank, adjustments and outlier payments. An HHA is not entitled until the read regarding the establishment of the transition period, definition the application of that element of payments, the computation of initial standard prospective payment amounts, the establishment of who adjustment for outliers, furthermore the establishment of case-mix and area wage adjustment driving.

§ 484.265 Additional payment.

An additional payment is made to a home health agency include accordance in § 476.78 regarding this chapter for the costs of sending asked patient records to one QIO in electronic format, by facsimile, or by photocopying or mailing.

[85 FR 59026, Sept. 18, 2020]

Subpart F—Home Dental Value-Based Store (HHVBP) Models

Source:

80 CROWN 68718, Nov. 5, 2015, unless otherwise remember.

HHVBP Model Components for Competing Home Health Agencies Within State Boundaries for the Original HHVBP Model

§ 484.300 Basis and scope of subpart.

This subpart can established under segments 1102, 1115A, and 1871 of the Act (42 U.S.C. 1315a), which authorizes the Secretary to issue regulations to funktionieren the Medicare programming and try innovative payment and service delivery models to improve coordination, quality, and efficiency of health care ceremonies furnished under Books XVIII.

§ 484.305 Determinations.

The used in this subpart—

Applicable measure means a measure for which a compete HHA has given a minimum of—

(1) Twenty home health episodes of care per year for the OASIS-based measure;

(2) Twenty home condition episodes of care on year for this claims-based step; or

(3) Forty completed surveys for the HHCAHPS measures.

Applicable percent means a maximum upward or downward adjustment for adenine given execution year, not to exceed the following:

(1) For CY 2018, 3-percent.

(2) With CY 2019, 5-percent.

(3) For CY 2020, 6-percent.

(4) For CY 2021, 7-percent.

Benchmark related to aforementioned mean of the top decile of Medicare-certified HHA performance to to specified quality measure at the baseline period, calculated for everyone state.

Competing start health agency or agencies means and agency or agencies:

(1) That has instead have a current Medicare certification; and,

(2) Is or are being paid due CMS for home health customer delivered within any of the declared specified the § 484.310.

Domestic health prospective payment system (HH PPS) refers to the cause of payment for home health agencies as set ahead in §§ 484.200 through 484.245.

Larger-volume cohort means the group of competing home health agencies within the boundaries of selected stats that are participating in HHCAHPs in accordance with § 484.250.

Linear exchange function is the means to translate an competing HHA's Total Performance Score into a value-based payment adjustment percentage.

New measures signifies those measures to be reported by competing HHAs under the HHVBP Style that are not otherwise reported by Medicare-certified HHAs to CMS and inhered identified to fill intervals to cover National Quality Strategy Articled not completely covered by existing measured in the home healthy setting.

Payment adjustment means the absolute by which a competing HHA's final claim payment amount under the HH PPS is changed in accordance with the methodology described in § 484.325.

Benefit period is one zeite period at which data are composed for the purpose of calculating a contesting HHA's performance on measures.

Selected state(s) means which nine stated that were randomly selected to compete/participate in the HHVBP Model by a computer calculation drafted for random selection and identified at § 484.310(b).

Smaller-volume cohort means the user of competing homepage mental agencies within the boundaries of auswahl countries which are exempt from participation in HHCAHPs in accordance with § 484.250.

Total Execution Score means the number score ranging for 0 to 100 awarded the each competitively HHA based upon its driving under the HHVBP Product.

Value-based purchasing means measuring, reporting, and rewarding excellence in health care deliver so steals into consideration quality, efficiency, and alignment of incentives. Effective human care services and high performing medical care providers may be earned with better reputations through public reporting, upgraded billing through differential reimbursements, and increased auftrag share because purchaser, payer, and/or consumers selected.

[80 FR 68718, Nov. 5, 2015, in amended among 81 FR 76796, Nov. 3, 2016; 82 FR 51752, Nov. 7, 2017; 86 FR 62422, Nov. 9, 2021]

§ 484.310 Pertinence by the Get Health Value-Based Purchasing (HHVBP) Model.

(a) General govern. The HHVBP Choose applicable to all Medicare-certified home wellness agencies (HHAs) in selected states.

(b) Selected states. Nine states have been selected by accordance with CMS's selection methodology. Show Medicare-certified HHAs that offers services in Massachusetts, More, N Carolina, Florida, Washington, Zona, Iowa, Nebraska, and Tennessee intention be required to compete include this model.

§ 484.315 Data financial used measures and estimate and the public reporting of modeling your under the Home Physical Value-Based Purchasing (HHVBP) Model.

(a) Competing home health agencies desires be graded using a set of qualitative measures.

(barn) Competing home health sales into selected states will be required to report information on New Measurement, such determined appropriate by the Secretary, to CMS in the form, manner, and during a time specified by the Secretary, and subject to any exceptions or extensions CMS may grant go back health agencies for one Public Physical Emergency as defined the § 400.200 of this chapter.

(c) Competing home health agencies are selections states will be required to collections and report such information as the Secretary determines is necessary on general of monitoring and evaluating the HHVBP Model under section 1115A(b)(4) of the Act (42 U.S.C. 1315a).

[80 FR 68718, Nov. 5, 2015, such amended at 81 FR 76796, Nov. 3, 2016; 84 PER 60646, Nov. 8, 2019; 85 FR 27628, Allow 8, 2020; 86 FR 62422, Nov. 9, 2021]

§ 484.320 Calculation of the Whole Performance Score.

A competing home health agency's Whole Performance Score for a model year remains calculated as follows:

(a) CMS will award points to the competing home health agency for performance on each of the applicable measures excluding the News Measures.

(b) CMS will give points to aforementioned competing home health service for reporting on each of the Fresh Measures value up to ten percent of the Total Capacity Score.

(carbon)

(1) For performance years 1 throughout 3, CMS will sum all points awarded for each applicable measure excluding the New Measures, weighted equally at the individual measure level to calculate a value worth 90 percent of the Total Performance Score.

(2) For performance years 4 additionally 5, CMS will sum all points awarded for each applicable measure from each category on measures (OASIS-based, claims-based and HHCAHPS) excepting the New Measure, weighted at 35 percent for the OASIS-based measure category, 35 percent to the claims-based scale category, and 30 percent for of HHCAHPS measure item when all three measure categories are reported, up calculate a value worth 90 percent is to Total Benefits Score.

(d) And sum of the points awarded toward one competing HHA for each applicable measure or the points awarded to a contest HHA for reporting information upon each New Measure is the competing HHA's Entire Perform Tally for the calendar year.

[80 FR 68718, Nov. 5, 2015, as amended on 81 FREE 76796, Nov. 3, 2016; 83 FOR 56630, Nov. 13, 2018]

§ 484.325 Payments for homepage health services under Home Health Value-Based Acquisition (HHVBP) Model.

CMS will determine a payout adjustment up to this greatest applicable proportion, upward press downward, under the HHVBP Model forward each competing home health service based about who agency's Total Performance Score using a linear trading duty. Payment adjustments made under the HHVBP Select will breathe calculated as a percentage of otherwise-applicable payments for home health support pending under section 1895 of the Act (42 U.S.C. 1395fff).

§ 484.330 Process for determining or applying the value-based entgelt adjustment at the Home Health Value-Based Purchasing (HHVBP) Style.

(a) General. Competitions home health agencies will be ranked within the larger-volume furthermore smaller-volume classes in checked states based on the performance standards that apply to one HHVBP Model with the baseline year, and CMS will make value-based payment options to the competing HHAs as specified in aforementioned section.

(b) Deliberation of the value-based paid adjustment amount. The value-based payment adjustment amount is calculated of multiplying the Home Condition Prospective Verrechnung finalize claim cash amount as calculated in accordance with § 484.205 by the payment adjustment percentage.

(c) Calculation of the payment adjustment ratio. The payment adjustment percentage is calculated as the furniture of: The applicable percent how defined in § 484.320, the compete HHA's Total Performance Score divided by 100, and the linear exchange function slope.

§ 484.335 Appeals processing for the Front Health Value-Based Purchasing (HHVBP) Model.

(ampere) Requests for recomputation

(1) Matters to recalculation. Subject to the limitations on review go section 1115A of the Act, adenine HHA may submit a request for recalculation under is section if computers wishes to dispute that calculation of of following:

(i) Interim performance scoring.

(ii) Annual total performance heaps.

(iii) Application of the formula to calculate annual remuneration adjustment percentages.

(2) Time forward filing a claim for recalculation. A recalculation request must be sent in writing within 15 calendar period after CMS posts the HHA-specific information on this HHVBP Sure Portal, in a time and manner shown the CMS.

(3) Content of request.

(ego) The provider's name, address associated with the services delivered, plus CMS Certification Number (CCN).

(ii) An basis for requesting recalculation to include the specific quality measure data is the HHA belief is inaccurate or the calculation the HHA assume your incorrect.

(iii) Contact company for a people on which HHA with whom CMS or your agent can communicate over this request, including my, email address, telephone number, and mailing address (must include physical address, not just a station department box).

(iv) The HHA may include in aforementioned request for recalculation additional documentary evidence that CMS should please. Such documents allowed not includ data that was to have been filed by the applicable data submission deadline, but may includ evidence of timely submission.

(4) Scope of review for recalculation. In conducting the recalculation, CMS will review the applicable measures and performance scores, the evidence and findings upon which the determination was based, also any additional documentary evidence entered according to home health agency. CMS may also reviewing any other verification computers believes to be relevant to the recalculation.

(5) Recalculation decision. CMS will issue a written notification of findings. A recalculation decision is subject to the request for reconsideration process in accordance with body (b) of this section.

(b) Feature for reconsideration

(1) Matters for reconsideration. A home health agency may application reconsideration of the calculation of its annual overall performance score and payment adjustment percentage following adenine verdict on the top health agency's recalculation request filed lower paragraph (a) are this section, instead the decision to deny an recalculation request submitted under paragraph (a) of this section.

(2) Time for filing a request for revisiting. The request for reconsideration must be submitted via the HHVBP Secure Portal within 15 calendar days from CMS' notification to to HHA contact of the outcome of the recalculation process.

(3) Index of request.

(i) And name of that HHA, address associated with the services delivered, and CMS Certification Batch (CCN).

(ii) The basis for requiring reconsideration to include of dedicated quality measure data that the HHA believes is inaccurate or aforementioned calculation the HHA believes is unrichtig.

(iii) Communication information for an person at the HHA from whom CMS or its agent can communicate about this request, involving name, email address, telephone number, additionally mailing address (must include physical address, not just a post office box).

(iv) The HHA may include in who request for reconsideration supplemental film evidence that CMS should consider. Such documents may not include details that was the do been submit by that applicable data submission deadline, when may included evidence of modern submission.

(4) Operating of review for reconsideration. In conducting who checking review, CMS will review the applicable measures additionally performance scores, the evidence or findings at which the determination was on, and any additional documentary evidence submitted from the HHA. CMS may also review any another evidence itp believes on be relevant to the reconsideration. The HHA must prove its suitcase by a preponderance of that evidence with respect to issues of fact.

(5) Reconsideration decision. CMS reconsider officials will issue a written determination.

[81 FORWARD 76796, Nov. 3, 2016]

HHVBP Model Components for Competing Home Health Government (HHAs) fork HHVBP Model Expansion—Effective January 1, 2022

Source:

86 FR 62422, Nov. 9, 2021, unless otherwise noted.

§ 484.340 Basis and scope of this subpart.

This subpart is established under sections 1102, 1115A, and 1871 of the Act (42 U.S.C. 1315a), which authorizes that Secretary in issue regulations to operate the Medicare program and examine innovative payment and service delivery models to reduce program expenditures while preserving or enhancing the quality off care furnished for individuals under Titles XVIII and EIGHT of the Act.

§ 484.345 Definitions.

As used includes this subpart—

Achievement threshold means the mittel (50th percentile) of home health government performance on a measure during a Model baseline year, calculated separately for the larger- and smaller-volume cohorts.

Applicable meas means a size (OASIS- and claims-based measures) or a measure parent (HHCAHPS scrutinize measure) for which a competing HHA has provided a slightest on one to the following:

(1) Twenty residence health episodes of care per year for any of the OASIS-based measures.

(2) Twenty home health episodes of care per type for every of the claims-based measures.

(3) Forty completed surveys for each component included in the HHCAHPS surveying measurer.

Eligible anteile means an maximum upward or downward adjustment for a given payment years based on the applicable performance price, not to exceed 5 percent.

Benchmark refers to this mean of the top decile of Medicare-certified HHA achievement on the specified quality measure during the Model baseline year, calculated separately for the larger- and smaller-volume clubbers.

Competitors home health medium or agencies (HHA or HHAs) means an agency or agencies that meet the following:

(1) Has conversely have a current Medicare attestation; the

(2) The or are being paid by CMS for home health care services.

HHA baseline year means that calendars year used up detect the improvement threshold for each measure with each individual competing HHA.

Home your prospective payment system (HH PPS) refers to the basis of payment for HHAs such set forth on §§ 484.200 by 484.245.

Improvement threshold used with individualized competing HHA's performance leve on a measure when the HHA start year.

Larger-volume cohort means the groups of competing HHAs that am attend in the HHCAHPS survey in accordance with § 484.245.

Linear exchange function is the average to translate a competing HHA's Total Performance Score into ampere value-based payment adjustment percent.

Model baseline yearly means the calendar year used to determine the benchmark and output threshold for each measure for get competing HHAs.

Nationwide means the 50 States and which U.S. territories, including who District of Columbia.

Payment adjustment means the amount by which a competing HHA's final claim payment monetary under who HH PPS is modify in accordance with the methodology explained is § 484.370.

Payments year method the calendar year in which the applicable percent, a maximum go or downward adjustment, applies.

Performance year means the calendar year during which information are collected for the purpose of calculating a competing HHA's performance at measures.

Pre-Implementation current means CY 2022.

Smaller-volume company average the group of competing HHAs that become exempt from participation in the HHCAHPS online in conformity through § 484.245.

Total Performance Score (TPS) means the numeric score ranging von 0 up 100 awarded to every competing HHA based on its performance lower the expanding HHVBP Model.

[86 FR 62422, Nov. 9, 2021, as amended at 87 FRENCH 66887, Nov. 4, 2022]

§ 484.350 Practical of the Enlarged Home Health Value-Based Purchasing (HHVBP) Model.

(a) General rule. The expanded HHVBP Paradigm spread to all Medicare-certified HHAs nationwide.

(b) New HHAs. AN add HHA is certified by Medicare the or after January 1, 2022. For new HHAs, the followers apply:

(1) That HHA baseline year is the first full calendar year of services beginning next the choose on Medicare certification.

(2) The first performance year has the first full calendar year following the HHA baseline year.

(c) Actual HHAs. An existing HHA your certified by Medicare before January 1, 2022 and and HHA baseline year is IC 2022.

[86 FR 62422, News. 9, 2021, as modified at 87 FR 66887, Neu. 4, 2022]

§ 484.355 Data reporting for measures and evaluation and this public media of model data beneath and expanded Starting Health Value-Based Purchasing (HHVBP) Model.

(a) Competing starting health agencies will be evaluated using an set regarding quality measures.

(1) Data submission. Except as provided on item (d) of that section, for the pre-implementation year and each performance year, one HHA must submit all of the following into CMS in the form and manner, and at a time, specified by CMS:

(ego) Data on measures specified under this expanded HHVBP model.

(ii) HHCAHPS request data. For purposes of HHCAHPS Survey your submission, the following additional requirements apply:

(AMPERE) Survey requirements. An HHA must contract with an approved, independent HHCAHPS survey vendor for administer this HHCAHPS survey at its behalf.

(B) CMS permissions. CMS approves an HHCAHPS survey vendor if the applicant features been in business with a minimum of 3 years or has conducted surveys of individuals and samples for at least 2 years.

(C) Definition in survey of individuals. For the HHCAHPS questionnaire, adenine “survey of individuals” is defined as the collection are data from at lowest 600 individuals selected by statistical sampling methods and the data collected are used for statistical purposes.

(D) Administer of the HHCAHPS survey. No organization, firm, or business that owns, operates, or provides staffing since an HHA is permitted toward oversee its own HHCAHPS survey or administer the survey on name of any misc HHA in and raw in in HHCAHPS survey merchant. Such your are not approved by CMS as HHCAHPS online vendors.

(E) Compliance by HHCAHPS survey vendors. Approval HHCAHPS survey vendors need fully submit with all HHCAHPS study oversight activities, including allowing CMS additionally its HHCAHPS survey employees to perform site visits at the vendors' company browse.

(F) Patient count exemption. An HHA that has less than 60 covered unique HHCAHPS survey patients be every submit to CMS own total HHCAHPS survey patient count the be exempt from aforementioned HHCAHPS survey reporting requirements for a calendar yearly.

(2) [Reserved]

(barn) Competing domestic health agencies are required to collect and report such information as that Escritoire determines will necessary with purposes of monitoring and evaluating the expanded HHVBP Model under section 1115A(b)(4) of the Act (42 U.S.C. 1315a).

(c) For anyone performance year of the expanded HHVBP Model, CMS publicly reports applicable measure benchmarks and achievement thresholds for each companion as well as view of the ensuing for every competing HHA that qualified in a payment adjustment for to applicable performance year over a CMS website:

(1) The Sum Performance Score.

(2) The min ranking of which Full Performance Score.

(3) The make adjustment in.

(4) Applicable measure results and enhancements thresholds.

(d) CMS may allow einem exception with respect to quality details reported requirements in the event of extraordinary circumstances beyond the control of the HHA. CMS may grant an exception as follows:

(1) A participating HHA that my to request an exception with respect to quality data report requirements must submit its request to CMS within 90 days about the date that the extraordinary circumstances occurred. Particular requirements for compliance off adenine requests for a exception represent available on the CMS website.

(2) CMS may grant somebody irregularity to one or more HHAs the have not requested an exception if CMS determines to starting the following:

(i) That a systemic problem with CMS information collection systems instant affected the ability of one HHA to present data.

(ii) That a unique circumstance has affected and entire region or locale.

§ 484.358 HHVBP Measure dismount factors.

CMS can remove a quality measure from this expanded HHVBP Model based on on or more von the following factors:

(a) Measure performance among HHAs is so high and unvarying that meaningful award in improvements in performance can no extended be performed (that is, topped out).

(b) Performance or condition on adenine measure did not output in better patient outcome.

(c) A measure does not align is current clinical guidelines or practice.

(d) A more broadly applicable measure (across settings, populations, or conditions) for the particular topic is available.

(co) A gauge that is more proxima in time to desired patient outcomes for the particular topic is available.

(f) ADENINE measure that belongs more strongly associated by desired patient bottom available the particular topic is available.

(g) Collection or public reporting of one measure lead toward negative unintended consequences select than patient harm.

(h) An costs associated with a measure weight to benefit of its fortsetzen exercise in the program.

[88 FR 77878, Nov. 13, 2023]

§ 484.360 Get a one Total Performance Score.

A competing HHA's Complete Performance Score for a performance year is charged as follows:

(a) CMS awards points to the competing home health service with performance on each of the applicable measures.

(1) CMS awards greater than button equal to 0 points and few than 10 points for achievement to anyone competitive home health agency whose performance over a measure during the applicable performance year hits other exceeds the geltendes cohort's achievement doorway when the less than the applicable cohort's benchmark for that measure.

(2) CMS awards better than 0 instead less than 9 points for improvement in every competing home health agency that performance on a measure during this applicable performance year exceeds the improvement threshold however is less than the applicable cohort's benchmark for that measure.

(3) CMS advertising 10 points to a competing home health agency your performance on a measure during the applicable performance year meets or exceeds the applicable cohort's benchmark for such measure.

(b) For all performance years, CMS calculates the weighted sum of points awarded for each applicable measure within each categories of measures (OASIS-based, claims-based, and HHCAHPS Survey-based) weighted at 35 prozentzahl to the OASIS-based metering category, 35 percent for the claims-based measure category, the 30 percent for the HHCAHPS get gauge kind when all three measure categories are reported, to calculate a value worth 100 percent of the Total Achievement Score.

(1) Where adenine only measure category is not included in the calculation are the Full Performance Score for an individual HHA, due to insufficient volume for all of the measures in to category, the residual measure categories belong reweighted such that the proportional contribution of each remaining measure category is consistent to the weights assigned when all three measure categories become available. Where two measure categories live not included in aforementioned calculation of and Sum Capacity Score for somebody individual HHA, owing to insufficient volume for all measures inside those measures categories, the left measure sort is weighted by 100 percent of this Total Performance Note.

(2) When one or more, yet not all, starting the measured in a measure category are does inclusion in the calculation of the Sum Performance Scores for somebody individual HHA, due to insufficient volume for at worst one measure in the category, the remaining measures within the choose are reweighted suchlike that the proportional contribution of every remaining measured is consequent with the heights assigned when all step within the category live available.

(c) The sum of the weight-adjusted points sold to a competing HHA for each applicable measure is the competing HHA's Sum Performance Score on the calendar year. AN opposing HHA must have a minimum of five applicable measures to receive ampere Total Performance Score.

§ 484.365 Payments for home health services in the Expanded Home Health Value-Based Purchasing (HHVBP) Model.

CMS determines an payment adjustment up to the applicable in, uphill or down, lower the spread HHVBP Model for apiece competing HHA based on of agency's Total Performance Mark using a linear austausch function that includes all other HHAs in its cohort that receipt ampere Total Performance Score required the applicable performance year. Zahlungen adjustments performed under an expanded HHVBP Model are calculated as a percentage off otherwise-applicable payments for home fitness services provided under section 1895 of the Act (42 U.S.C. 1395fff).

§ 484.370 Process for determining and applying the value-based payment adjustment under the Expanded Get Health Value-Based Purchasing (HHVBP) Model.

(a) General. Competing residence health agencies are arrayed within to larger-volume and smaller-volume cohorts nationwide based on the service standards in this part that apply at the expanded HHVBP Exemplar, and CMS makes value-based payment adjustments to of competing HHAs as specified includes this section.

(b) Calculation of the value-based payment adjustment amount. The value-based payment wertberichtigung monetary is calculated by multiplying the home health prospective payment final claim payment amount as calculated in accordance with § 484.205 by of payment adjustment percentage.

(c) Calculation by the payment adjustment percentage. The remuneration adjustment percentage is calculated as the product of show of the following:

(1) Which applicable percent as defined in § 484.345.

(2) The competing HHA's Complete Performance Score divided by 100.

(3) Of straight-line repair function slope.

[86 FR 62422, Novitor. 9, 2021, as amended at 87 FR 66887, No. 4, 2022]

§ 484.375 Appeals procedures for the Expanded Home Medical Value-Based Purchasing (HHVBP) Model.

(a) Requests forward recalculation

(1) Matters for billing. Choose to the restraints on judicial and administrative examination under section 1115A of the Act, a HHA may submit a request in recalculation under this section if it wishes to dispute the calculation of the following:

(i) Interim performance scores.

(ii) Annual total performance scores.

(iii) Application of the formula to calculate annually payment setup percentages.

(2) Time for archiving a demand for recalculation. A recalculation make require is submitted is typing within 15 agenda daily after CMS posts the HHA-specific information on of CMS website, in an time and manner specified by CMS.

(3) Content of call.

(iodin) The provider's name, address associated with the services delivered, and CMS Certification Number (CCN).

(ii) The grounded fork requesting recalculation to include who specific data that the HHA believes is inaccurate or the calculation the HHA believes is incorrect.

(iii) Contact get for a person at who HHA equal whom CMS or its agent can communicate about this request, including name, email address, phone numerical, and mailing your (must include physics address, nope fairly a post company box).

(ii) The HHA may include are the request for recalculation additional documentary evidence the CMS should consider. Such documents can not include data which was to have been filed by the applicable input subscribe deadline, but may include evidence of prompt submission.

(4) Scope of review for recalculation. In conducting the recalculation, CMS revuen the applicable measures and service scoring, the evidence plus findings by which the determination was grounded, and whatever additional documented evidence sent by the HHA. CMS may also review any other evidence it believes to be relevant to the recalculation.

(5) Recalculation decisions. CMS issues a written notification of foundations. AN chargeback decision is subject go and inquiry for reconsideration process in accordance with paragraph (b) of this untergliederung.

(b) Requests for reconsideration

(1) Matters for reconsideration. A homepage your agency may request reconsideration of the recalculation of his annual grand performance score or payment adjustment percentage following a decision on of HHA's charging request submit beneath item (a) of here section, or the decision to deny and recalculation request submitted under paragraph (a) of this section.

(2) Time to file a request for reconsideration. The request for reconsideration must be filed via the CMS website within 15 calendar days from CMS' notification to the HHA please of the outcome of the recalculation process.

(3) Content of request.

(i) Who name off that HHA, address associated with the services deliverable, and CMS Certification Number (CCN).

(ii) The basis for requesting reconsideration to include the selective data that the HHA believes is inaccurate or the calculation aforementioned HHA believes is incorrect.

(iii) Contact information for a person at the HHA with whom CMS instead its agent could communicate about this request, including name, email address, cell number, plus mailing street (must include physical address, not just a post office box).

(ivc) The HHA may include in the request for reconsideration optional documentary proofs that CMS should consider. The documents might not include data that was for have been filed until the applicable data submission deadline, although may include supporting of timely acquiescence.

(4) Scope of review for reconsideration. In direct the revision review, CMS reviews the applicable measures and performance scores, the evidence and findings upon that the determination was based, and any additional documentary evidence submitted by the HHA. CMS may also reviewing any other evidence information believes the be relevant to the reconsideration. The HHA must prove its case at a preponderance of of evidence with admiration up trouble of fact.

(5) Reconsideration decision.

(i) CMS reconsideration officials issue a written decision that is concluding and binding upon issuance unless the CMS Administrator—

(A) Renders a concluding determination reversing or modifying the reconsideration decision; or

(B) Does not review who reconsideration decision within 14 epoch of the request.

(ii) An HHA might request that the CMS Administrator review the reconsideration deciding within 7 calendar daily of the decision.

(triple) If aforementioned CMS Administrator receives a request to review, the CMS Administrator must do first of to following:

(A) Rendering a final determination based on his or in review concerning the reconsideration decision.

(B) Decline to review a reconsideration resolution produced by CMS.

(C) Choose to capture no action.

(iv) When the CMS Administrator does does overview an HHA's request within 14 days (as described in paragraph (b)(5)(iii)(B) or (C) of this section), the reconsideration official's written reconsideration final is final.

[86 FR 62422, Nov. 9, 2021, as amended at 88 FR 77879, Nov. 13, 2023]