CMS Finalizes Home Health Regulations

Section 3708 of the Coronavirus Aid, Relief and Economic Security (CARES) Act permanently authorizes nurse practitioners (NPs) to certify for Medicare and Medicaid home health care services in accordance with state law. Per that legislation, CMS has six months from the passage of the legislation to implement this section via rulemaking.

We are pleased to announce that on April 30, 2020, CMS issued an interim final rule that permanently implements Section 3708 of the CARES Act, retroactively effective to March 1, 2020. This interim final rule overrides the previous Medicare and Medicaid home health flexibilities issued last month, which were only for the duration of the public health emergency. As previously mentioned in our newsletter, these policies do refer back to state law.  ARNPS United Of Washington State is working with the Health Care Authority to assure all state rules are changed to allow ARNPs to order home health and medical supplies for Medicaid patients which had been prohibited from January 1, 2019 until CMS issues an emergency waiver last month.