[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Page 54835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25544]


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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.

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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