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CMS Issues Bulletin to States Regarding Compliance with Medicaid Home Health Rule

On April 5th, the Centers for Medicare and Medicaid Services (CMS) issued a bulletin offering assistance to states regarding compliance with the Medicaid Home Health Final Rule/Face-to-Face Requirement. By way of background, the rule was effective July 1, 2016, but CMS delayed the time frame for compliance for two years to allow for state planning and implementation.

Last week, CMS again reiterated its support to help states deal with state-specific challenges to the rule. States must request CMS assistance by May 31, 2018 and identify the provisions of the rule they are unable to comply with based on their legislative time frames. While it is offering flexibility in some areas, CMS points out that certain provisions which codify longstanding Medicaid home health policy remain firm – namely, the prohibition that home health care is contingent on the need for nursing or therapy services, the requirement to provide reasonable procedures for requesting medical equipment items that are not on the state’s preapproved list; and the prohibition that Medicaid home health services are contingent on a patient being homebound.

To access the CMS bulletin, click here.

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