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Notice: This CMS-approved document has been submitted - Philips ... Notice: This CMS-approved document has been submitted - Philips ...

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19.02.2013 Views

CMS-1403-FC the patient plan of care must be reviewed by a physician, nurse practitioner, clinical nurse specialist, or physician assistant at least every 30 days. The commenters believe that this conflicts with CMS payment policy, which requires recertification of the plan of care at least every 90 days. We also received several unsolicited comments requesting that we correct this perceived discrepancy. Response: We did not propose to revise the language to conform to changes in the timing for recertification of outpatient therapy plans of care as discussed in the CY 2008 PFS final rule with comment period (72 FR 66396). Currently, §485.711(b)(3) requires that the plan of care and results of treatment be reviewed by the physician or by the individual who established the plan at least as often as the patient's condition requires, and the indicated action is taken, which for Medicare patients being treated in rehabilitation agencies must be at least every 30 days. We believe that this requirement is in the best interests of rehabilitation agency patients, and note that by meeting this condition of participation, facilities would automatically meet the CMS payment policy requiring review at least every 90 days. 382

CMS-1403-FC We are not making any changes to our proposed revisions as a result of public comments, and are finalizing the conforming change as proposed. M. Technical Corrections for Therapy-Related Issues We proposed the following technical changes to the regulations concerning therapy services: ● In §409.17(a), we proposed to delete the reference to paragraph (a)(1)(ii) which no longer exists. ● In §409.23, we proposed to revise the title of this section from “Physical, occupational and speech therapy” to “Physical therapy, occupational therapy and speech-language pathology services.” Commenters voiced no objections to these technical corrections, and we are finalizing these technical corrections as proposed. Several commenters brought to our attention changes made to the text of a regulation in the CY 2008 PFS final rule with comment period that did not reflect our policy as expressed in the preamble discussion. We intended to modify our regulations to make the policies for therapy services consistent across all settings. We added §485.635(e) for the purpose of conforming the policies for physical therapy, occupational therapy and speech-language pathology in the critical access hospitals (CAHs) to the 383

<strong>CMS</strong>-1403-FC<br />

the patient plan of care must be reviewed by a physician,<br />

nurse practitioner, clinical nurse specialist, or physician<br />

assistant at least every 30 days. The commenters believe<br />

that this conflicts with <strong>CMS</strong> payment policy, which requires<br />

recertification of the plan of care at least every 90 days.<br />

We also received several unsolicited comments requesting<br />

that we correct this perceived discrepancy.<br />

Response: We did not propose to revise the language<br />

to conform to changes in the timing for recertification of<br />

outpatient therapy plans of care as discussed in the CY<br />

2008 PFS final rule with comment period (72 FR 66396).<br />

Currently, §485.711(b)(3) requires that the plan of care<br />

and results of treatment be reviewed by the physician or by<br />

the individual who established the plan at least as often<br />

as the patient's condition requires, and the indicated<br />

action is taken, which for Medicare patients being treated<br />

in rehabilitation agencies must be at least every 30 days.<br />

We believe that this requirement is in the best interests<br />

of rehabilitation agency patients, and note that by meeting<br />

this condition of participation, facilities would<br />

automatically meet the <strong>CMS</strong> payment policy requiring review<br />

at least every 90 days.<br />

382

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