Trump Administration Strengthens COVID-19 Surveillance With New Reporting And Testing Requirements For Nursing Homes, Other Providers

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CMS has issued a new rule clarifying that its daily Covid-19 reporting via the HHS Teletracking portal is mandatory as a condition of participation in the Medicare program. 42 C.F.R. § 482.42. HHS’s FAQ detailing the hospital reporting requirements can be found here – https://www.hhs.gov/sites/default/files/covid-19-faqs-hospitals-hospital-laboratory-acute-care-facility-data-reporting.pdf. Failure to consistently report throughout the Public Health Emergency period, which currently is set to expire in late October, could result in CMS terminating the hospital’s provider agreements with CMS, which is CMS’s only enforcement tool. Because the penalty is so dire, it is critically important that providers comply. It is possible your state has accepted the responsibility of reporting on its hospitals’ behalf, which releases the individual provider from the requirement. However, states must first receive written certification from their ASPR Regional Administrator affirming the state has met certain reporting requirements. Hospitals should confirm that the state is reporting the required data on its behalf prior to discontinuing its daily reporting via the HHS Teletracking portal.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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