CMS Mandates Data Reporting for Hospitals and Nursing Homes

August 28, 2020 by Christen Aldrich

Filed under COVID-19 for Employers, COVID-19 for the Workforce

Last modified August 31, 2020

CMS released an interim final rule with comment period that adds COVID-19 data reporting and testing requirements to the Conditions of Participation for hospitals and nursing homes. The new CMS rule, which will be effective upon publication in the Federal Register, codifies many of the activities undertaken during the federal Public Health Emergency and is applicable for the duration of the PHE, except for Section 488.447, which relates to enforcement of the provisions on nursing home reporting of COVID-19-related data, which is applicable for one year beyond the expiration of the PHE.

Key provisions include:

  • requires hospitals and Critical Access Hospitals to report COVID-19 information in accordance with a frequency and in a standardized format as specified by the HHS Secretary;
  • requires long-term care facilities to test residents and staff for COVID-19, including individuals providing services under arrangement and volunteers, based on parameters set forth by the Secretary;
  • imposes civil monetary penalties each time a long-term care facility fails to report COVID-19-related information; and
  • requires laboratories that perform SARS-CoV2 tests to report their results to HHS in a form as specified by the HHS Secretary.
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