Delores L. Galias, RN, RHIT

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CMS NEWS

FOR IMMEDIATE RELEASE
CMS Office of Public Affairs
April 30, 2004

CMS ANNOUNCES CHANGES IN CRITERIA FOR CLASSIFYING INPATIENT
REHABILITATION FACILITIES

The Centers for Medicare & Medicaid Services (CMS) today announced a
final rule revising the criteria for classifying hospitals as inpatient
rehabilitation facilities (IRFs) for purposes of Medicare payment.  This
final rule will make it possible for Medicare to pay appropriately for
intensive rehabilitation services in the correct setting, while
improving access to inpatient rehabilitation services for beneficiaries
who require intensive clinical services.

"In developing this final rule, we have tried to make sure our payment
system is accurate and promotes access to high quality inpatient
rehabilitation services for beneficiaries who need them," said CMS
Administrator Mark B. McClellan, M.D., Ph. D.  "Based on extensive
public comments, we have modified a number of provisions in the proposed
rule, and will continue to work with the beneficiary and provider
communities to ensure access to high quality rehabilitation services."

IRFs provide specialized care for patients recovering from ten
specified conditions requiring intensive inpatient rehabilitation
therapy.  These conditions currently include stroke, spinal cord
injuries, congenital deformity, amputations, major multiple traumas,
fracture of femur, brain injuries, neurological disorders, burns, and
polyarthritis.  Because of the level of intensive rehabilitation
services required for individuals treated at these facilities, Medicare
pays for treatment in an IRF at a higher rate than it pays for
rehabilitation in other settings, such as an inpatient hospital, skilled
nursing facility, home health or the outpatient setting.

Although these ten conditions have been used to assist CMS in
classifying facilities that specialize in providing intensive inpatient
rehabilitation services to beneficiaries, many have recommended that the
list be updated to account for changes in medical practice, including
other conditions that may now be appropriate for intensive inpatient
rehabilitation.  Based on extensive comments and analysis, CMS is
issuing a final rule that takes important steps to address these
concerns, so that Medicare funds can be better targeted to patients who
need intensive inpatient therapy.

The final rule will make it possible for facilities treating a broader
range of patients who require intensive rehabilitation to qualify for
payment as IRFs.  It does so by replacing "polyarthritis" with four

arthritis-related medical conditions, thus increasing from 10 to 13 the
number of "qualifying" medical conditions used to classify a
facility as an IRF.  For example, Medicare will now count a patient
towards the compliance threshold if the patient has severe or advanced
osteoarthritis involving two or more major joints (elbows, shoulders,
hips, or knees, but not counting a joint that has been replaced), and
have met other medical criteria outlined in the regulation.  The
proposed rule had required three or more joints to be affected by severe
or advanced osteoarthritis.  Also, the final rule will count toward the
compliance threshold certain patients who undergo knee or hip joint
replacement, or both, during an acute hospitalization immediately
preceding the IRF stay, and who also meet one or more of three
conditions specified in the regulation.

The final rule also provides for a transition to targeting payments to
facilities that treat a large share of patients with diagnoses likely to
require intensive rehabilitation.  In the first year, the final rule
requires only a limited percentage of patients of an IRF's total
patient population to have one of the qualifying medical conditions in
order for a facility to be classified as an IRF.  For cost reporting
periods beginning on or after July 1, 2004, and before July 1, 2005, the
compliance threshold is set at 50 percent of the IRF's total patient
population.  For cost reporting periods beginning on or after July 1,
2005, and before July 1, 2006, the compliance threshold is set at 60
percent of the IRF's total patient population.  For cost reporting
periods beginning on or after July 1, 2006, and before July 1, 2007, the
compliance threshold is set at 65 percent of the IRF's total patient
population.

During this 3-year transition period specified above, CMS will monitor
what impact the revised criteria for classifying facilities as IRFs has
on utilization and patient access to appropriate rehabilitation
services.  In addition, CMS plans to promote a research program to make
it possible to assess the efficacy of rehabilitation services in various
settings.  This research would be intended to provide objective,
outcomes-oriented answers with respect to the best way to identify those
patients who most need the intensive medical rehabilitation resources
provided by an IRF.  The research would also help identify the most
frequent conditions that typically require the intensive rehabilitation
treatment available only in IRFs.  Based on the findings of this
research, CMS may revise the qualifying medical conditions or other
coverage criteria as appropriate.

If at the end of this 3-year period CMS does not take further
regulatory action, then 75 percent will be the compliance percentage
used for cost reporting periods beginning on or after July 1, 2007.

The final rule takes other steps to make it easier for facilities to
meet the IRF requirement.  In particular, the rule:

*     Establishes an administrative presumption that if the facility's
Medicare patient population complies with the rule, the facility's total
population complies.

*     Counts toward the new percentage threshold, both patients whose
principal diagnoses matches one of the 13 qualifying medical conditions,
as well as those who have a secondary medical condition that meets one
of the conditions.  The secondary condition must cause a significant
decline in the patient's functioning such that, even in the absence of
the admitting condition, the individual would require intensive
rehabilitation treatment that is unique to IRFs and that cannot be
performed appropriately in another care setting.

*     Changes the period of time to review patient data to determine
compliance with the new percentage threshold from the most recent
12-month cost reporting period to the most recent, appropriate and
consecutive 12-month time period.

The CMS is committed to ensuring that beneficiaries in need of
intensive rehabilitation services have access to appropriate care.  In
addition, we are committed to ensuring that the Medicare program is only
paying the higher payment rates to facilities that are properly
classified as IRFs.  Based on extensive public comments, this final rule
takes important steps to achieve both goals.  CMS will conduct further
applied research and analysis to provide for potential enhancements in
the next several years.

The final rule will be published in the May 7 Federal Register, and
will become effective for cost reporting periods beginning on or after
July 1, 2004.


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