News & Events
February 20, 2008
Legislative Changes to the
75 Percent Rule for Classifying Inpatient Rehabilitation Facilities
(IRFs)
Reference: JSM CI 5175-08178;
02-20-08
Published Online: 2/22/2008
Part A
Providers
Section 115 of the Medicare, Medicaid, and State Children’s
Health Insurance Program (SCHIP) Extension Act of 2007 amended Section 2005 of
the Deficit Reduction Act of 2005 to revise the following elements of the 75
percent rule that are used to classify IRFs:
- The compliance percentage that IRFs must meet to be
excluded from the acute care inpatient hospital prospective
payment system (PPS) and to be paid under
the IRF PPS will be set permanently at 60 percent for cost
reporting
periods
beginning on or after July 1, 2005
.
- This statutory change effectively eliminates the increase
to 65 percent that had already taken effect for cost reporting
periods beginning on or after July 1,
2007, and also eliminates the increase to 75 percent that was scheduled to
take
effect for cost
reporting periods beginning on or after July 1, 2008. All IRF cost reporting
periods (or portions of cost
reporting periods) beginning on or after July 1, 2005, will be
evaluated using the 60 percent threshold.
- Patient comorbidities that satisfy the criteria specified
in 42 Code of Federal Regulations (CFR) §412.23(b)(2)(i) will be
permanently included in the calculations
used to determine whether an IRF meets the 60 percent compliance
percentage.
To minimize the level
of effort required from Medicare contractors and IRFs, contractors may now
combine the two portions of cost reporting periods that are both reviewed at the
60 percent level into one continuous 12-month review period.
For example,
an IRF’s compliance review period for the cost reporting period beginning May 1,
2008, was divided into two periods: one from January 1, 2007, through April 30,
2007, and a separate review period from May 1, 2007, through December 31, 2007.
Since both of these review periods will now be evaluated at the 60 percent
compliance threshold, contractors may now instead draw one combined random
sample of the IRF’s cases from the 12-month period as a whole (from January 1,
2007, through December 31, 2007) to determine the facility’s compliance with the
60 percent threshold.
Appeared online from PBSI 2-22-08 http://www.arkmedicare.com/provider/viewarticle.aspx?articleid=5728