CMS Proposes Changes to Home Health Agency “36 Month” CHOW Rule

In an attempt to clarify the “36 Month Rule,” the Centers for Medicare & Medicaid Services (CMS) is proposing additional changes to the rule (the Proposed Rule). The 36 Month Rule is set forth in 42 CFR § 424.550(b)(1), and the clarifications included in the Proposed Rule are scheduled to appear in the July 23, 2010, Federal Register. In addition to the 36 Month Rule, the Proposed Rule addresses many other issues that are pertinent to home health providers such as prospective payment rate updates for calendar year (CY) 2011 and changes to therapy coverage requirements.

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