Featured, News, Regulations, Skilled Nursing Facility

New final rule makes changes to requirements for LTC facilities; hospice services

A final rule, released on Thursday, June 27, will revise the requirements that an institution will have to meet in order to qualify to participate as a skilled nursing facility (SNF) in the Medicare program, or as a nursing facility (NF) in the Medicaid program.

These requirements will ensure that long-term care (LTC) facilities (SNFs and NFs) that choose to arrange for the provision of hospice care through an agreement with one or more Medicare-certified hospice providers will have in place a written agreement with the hospice that specifies the roles and responsibilities of each entity. This final rule reflects the Centers for Medicare and Medicaid Services’ (CMS) commitment to the principles of the President’s Executive Order 13563, released on January 18, 2011, titled ‘‘Improving Regulation and Regulatory Review.’’ It will improve quality and consistency of care between hospices and LTC facilities in the provision of hospice care to LTC residents

This final rule reflects the Centers for Medicare & Medicaid Services’ (CMS) commitment to the principles of the President’s Executive Order 13563, released on January 18, 2011, titled ‘‘Improving Regulation and Regulatory Review.’’ It will improve quality and consistency of care between hospices and LTC facilities in the provision of hospice care to LTC residents.

In consideration of public comments, CMS made three substantive revisions in this final rule compared to the proposal. These include:

  1. A revision at 483.75(t)(3) to clarify that the LTC representative must have a clinical background, function within their State scope of practice act, and have the ability to assess the resident or have access to someone that has the skills and capabilities to assess the resident.
  2. A revision to the requirement at § 483.75(t)(3)(iii) removing the phrase ‘‘other physicians’’ and replacing it with ‘‘other practitioners.’’
  3. A revision to the requirement at § 483.75(t)(2)(ii)(E)(3) by removing the phrase ‘‘that is not related to the terminal condition.’’

These regulations are effective on August 26, 2013.

Click here to learn more.