[Federal Register: October 23, 2009 (Volume 74, Number 204)]
[
Notices]               
[Page 54835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc09-55]                         

-----------------------------------------------------------------------



DEPARTMENT OF HEALTH AND HUMAN SERVICES



Centers for Medicare & Medicaid Services



[CMS-1505-N]



 
Medicare Program; Criteria for Medicare Coverage of Inpatient 

Hospital Rehabilitation Services



AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.



ACTION: Rescission of Ruling.



-----------------------------------------------------------------------



SUMMARY: This notice rescinds HCFA Ruling 85-2, ``Medicare Criteria for 

Coverage of Inpatient Hospital Rehabilitation Services,'' 50 FR 31040 

(July 31, 1985), as corrected at 50 FR 32643 (Aug. 13, 1985) which 

established the criteria for Medicare coverage of inpatient hospital 

rehabilitation services.



DATES: Effective Date: This notice is effective on January 1, 2010.



FOR FURTHER INFORMATION CONTACT: Julie Stankivic, (410) 786-5725.



SUPPLEMENTARY INFORMATION:



I. Background



    The criteria for Medicare coverage of inpatient hospital 

rehabilitation services set forth in HCFA Ruling 85-2 (HCFAR-85-2) were 

developed more than 25 years ago, and were designed to provide coverage 

criteria for a small subset of providers furnishing intensive and 

complex therapy services in a fee-for-service environment to a small 

segment of patients whose rehabilitation needs could only be safely 

furnished at a hospital level of care. In the final rule implementing 

the Inpatient Rehabilitation Facility Prospective Payment System for 

Federal FY 2010, published August 7, 2009 in the Federal Register (74 

FR 39762), we adopted inpatient rehabilitation facility (IRF) coverage 

requirements and technical revisions to certain other IRF requirements 

to reflect the changes that have occurred in medical practice during 

the past 25 years. The new IRF coverage requirements adopted in the 

final rule are effective for IRF discharges occurring on or after 

January 1, 2010. As discussed in the final rule (74 FR 39762, at 

39797), we anticipate that these new coverage requirements will be 

further interpreted by new manual provisions in Chapter 1, Section 110 

of the Medicare Benefit Policy Manual that will also go into effect on 

January 1, 2010. Thus, HCFAR 85-2 (and the current manual provisions, 

rev. 1, effective October 1, 2003) will continue to apply for all IRF 

discharges that occur prior to January 1, 2010.



II. Provisions of the Notice



    Effective January 1, 2010, this notice rescinds HCFAR 85-2 

published in the Federal Register on July 31, 1985 (50 FR 31040).



III. Collection of Information Requirements



    This document does not impose information collection and 

recordkeeping requirements. Consequently, it need not be reviewed by 

the Office of Management and Budget under the authority of the 

Paperwork Reduction Act of 1995.



    Authority:  Sections 1812, 1814, 1861 and 1862 of the Social 

Security Act (42 U.S.C. 1395d, 1395f, and 1395x, and 1395y).



(Catalog of Federal Domestic Assistance Program No. 93.773 

Medicare--Hospital Insurance Program; and No. 93.774, Medicare--

Supplementary Medical Insurance Program)



    Dated: September 24, 2009.

Charlene Frizzera,

Acting Administrator, Centers for Medicare & Medicaid Services.

[FR Doc. E9-25544 Filed 10-22-09; 8:45 am]

BILLING CODE 4120-01-P