CMS to require hospitals to report COVID-19 data to maintain Medicare participation

CMS on August 25 released an interim final rule that makes collecting and reporting COVID-19 data a Medicare and Medicaid Condition of Participation.

The interim final rule will make it mandatory for hospitals to report the following information to CMS daily:

• Availability of essential supplies and equipment such as ventilators and personal protective equipment
• Intensive care unit beds occupied
• Number of confirmed or suspected COVID-19 patients

The new reporting requirements will go into effect when the rule is published in the Federal Register. The Department of Health and Human Services will specify the format that hospitals must use to submit the data.

The penalty for noncompliance with the emergency regulation could be termination from the Medicare program if appropriate corrective action is not taken, according to the rule.

The American Hospital Association (AHA) believes the reporting requirements threaten Medicare participation and is urging CMS to reverse the regulation.

“This disturbing move, announced in final form without consultation, or the opportunity to provide feedback through appropriate administrative procedures prior to it becoming effective, could jeopardize access to care and leave patients and communities without vital health services from their local hospital during a pandemic,” said Rick Pollack, president and CEO of the AHA in a statement.

CMS will accept comments on the rule for 60 days after it is published.