Medicare Home Health CoPs Effective This Week

Medicare Home Health Conditions of Participation (CoPs) are effective Jan. 13, 2018 despite the Centers for Medicare and Medicaid Services’ (CMS) lack of finalization of Interpretive Guidelines for them. CMS has indicated that it will not issue any Civil Monetary Penalties (CMPs) during the first year of implementation on agencies that are taking actions to be compliant. This does not apply to situations of Immediate Jeopardy. CMS will be surveying compliance and efforts toward compliance and may still issue non-monetary deficiencies during this first year. Agencies are encouraged to look to the regulations as the authoritative resource for compliance and should expect that the Interpretive Guidelines, when issued, will likely resemble the original draft. One provision of the CoPs is delayed. Agencies will have until July 13, 2018 to implement one QAPI standard relating to Performance Improvement Projects.

LeadingAge has developed a Checklist which delineates the CoP requirements. LeadingAge NY and LeadingAge National both advocated for delaying the implementation of the final rule until at least six months after issuance of the final Interpretive Guidelines. A significant amount of public comment reflects the same concern and request. If LeadingAge NY members are experiencing areas of compliance that are difficult and cumbersome to address, LeadingAge National has offered to develop member workgroups to discuss and brainstorm such issues. Please contact Meg Everett if you are interested in such an effort. Draft Interpretive Guidance for the Home Health CoPs is provided here, and the CoPs are provided here.

Contact: Meg Carr Everett, meverett@leadingageny.org, 518-867-8871