CMS Issues Proposed Rule Updating Conditions of Participation

The U.S. Centers for Medicare and Medicaid has issued a proposed rule (81 Fed. Reg. 39448, 6/16/16) to modernize and revise requirements hospitals and critical access hospitals (CAHs) must meet to participate in Medicare and Medicaid.  [See “Conditions of Participation” (CoPs) at 42 C.F.R. 482 and 42 C.F.R. 485.]  Specifically, the proposed revised CoPs address:

• Discriminatory behavior by healthcare providers that may create real or perceived barriers to care;
• Use of the term “Licensed Independent Practitioners” (LIPs)* that may inadvertently exacerbate workforce shortage concerns;
• Requirements that do not fully conform to current standards for infection control;
• Requirements for antibiotic stewardship programs to help reduce inappropriate antibiotic use and antimicrobial resistance; and
• The use of quality reporting program data by hospital Quality Assessment and Performance Improvement (QAPI) programs.

*The proposed rule changes LIPs to “licensed practitioner” to facilitate the “use of physician assistants to the extent of their educational preparation and scope of practice, as determined by state law.”

Public comments on the proposed rule will be received until 5pm, 15 August 2016.  For additional information, see the 6/13/16 CMS Fact Sheet.