Department of Health & Human Services (DHHS) Centers for Medicare & Medicaid Services (CMS) Transmittal 2769 Date: August 16, 2013

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1 S anual System Pub edicare laims Processing Department of ealth & uman Services (DS) enters for edicare & edicaid Services (S) Transmittal 2769 Date: ugust 16, 2013 hange equest 8326 SUBJT: npatient ehabilitation Facility (F) nnual Update: Prospective Payment System (PPS) Pricer hanges for FY SUY OF NGS: new F P software package will be released prior to October 1, 2013, that will contain the updated rates that are effective for claims with discharges that fall within October 1, 2013, through September 30, FFTV DT: October 1, 2013 PLNTTON DT: October 7, 2013 Disclaimer for manual changes only: The revision date and transmittal number apply only to red italicized material. ny other material was previously published and remains unchanged. owever, if this revision contains a table of contents, you will receive the new/revised information only, and not the entire table of contents.. NGS N NUL NSTUTONS: (N/ if manual is not updated) =VSD, N=NW, D=DLTD-Only One Per ow. /N/D N PT / STON / SUBSTON / TTL 3/140.2/Payment Provisions Under F PPS 3/ /Quality eporting Program. FUNDNG: For Fiscal ntermediaries (Fs), egional ome ealth ntermediaries (s) and/or arriers: No additional funding will be provided by S; ontractors activities are to be carried out with their operating budgets For edicare dministrative ontractors (s): The edicare dministrative ontractor is hereby advised that this constitutes technical direction as defined in your contract. S does not construe this as a change to the statement of Work. The contractor is not obliged to incur costs in excess of the amounts allotted in your contract unless and until specifically authorized by the ontracting Officer. f the contractor considers anything provided, as described above, to be outside the current scope of work, the contractor shall withhold performance on the part(s) in question and immediately notify the ontracting Officer, in writing or by , and request formal directions regarding continued performance requirements. V. TTNTS: ecurring Update Notification anual nstruction *Unless otherwise specified, the effective date is the date of service.

2 ttachment - ecurring Update Notification Pub Transmittal: 2769 Date: ugust 16, 2013 hange equest: 8326 SUBJT: npatient ehabilitation Facility (F) nnual Update: Prospective Payment System (PPS) Pricer hanges for FY 2014 FFTV DT: October 1, 2013 PLNTTON DT: October 7, GNL NFOTON. Background: On ugust 7, 2001, we published in the Federal egister, a final rule that established the PPS for Fs, as authorized under 1886(j) of the Social Security ct (the ct). n that final rule, S set forth per discharge Federal rates for Federal fiscal year (FY) These F PPS payment rates became effective for cost reporting periods beginning on or after January 1, nnual updates to the F PPS rates are required by 1886(j)(3)() of the ct. dditionally, Section 1886(j)(7)()(i) of the ct requires application of a 2 percentage point reduction of the applicable market basket increase factor for Fs that fail to comply with the quality data submission requirements which we will implement for FY 2014 F PPS payments. B. Policy: The FY 2014 F PPS Final ule issued on July 31, 2013, sets forth the prospective payment rates applicable for Fs for FY new F P software package will be released prior to October 1, 2013, that will contain the updated rates that are effective for claims with discharges that fall within October 1, 2013, through September 30, The new revised Pricer program shall be installed timely to ensure accurate payments for the F PPS claims with discharges occurring on or after October 1, 2013, through September 30, P Updates: For F PPS FY 2014 (October 1, 2013 September 30, 2014) 1. The standard Federal rate is: $14, The adjusted standard Federal rate is: $14, The fixed loss amount is: $ 9, The labor-related share is: The non-labor related share is: Urban national average is: ural national average is: The Low ncome Patient (LP) djustment is: The Teaching djustment is: The ural djustment is: Section 1886(j)(7)()(i) of the ct requires application of a 2 percentage point reduction of the applicable market basket increase factor for Fs that fail to comply with the quality data submission requirements. FY 2014 is to be the first year that the mandated reduction will be applied for Fs that failed to comply with

3 the data submission requirements during the data collection period October 1, 2012 through December 31, Thus, in compliance with 1886(j)(7)()(i) of the ct, we will apply a 2 percentage point reduction to the applicable FY 2014 market basket increase factor (1.8 percent) in calculating an adjusted FY 2014 standard payment conversion factor to apply to payments for only those Fs that failed to comply with the data submission requirements. pplication of the 2 percentage point reduction may result in an update that is less than 0.0 for a fiscal year and in payment rates for a fiscal year being less than such payment rates for the preceding fiscal year. lso, reporting-based reductions to the market basket increase factor will not be cumulative; they will only apply for the FY involved. The adjusted FY 2014 standard payment conversion factor that will be used to compute F PPS payment rates for any F that failed to meet the quality reporting requirements for the period from October 1, 2012 through December 31, 2012 will be $14,555.. BUSNSS QUNTS TBL "Shall" denotes a mandatory requirement, and "should" denotes an optional requirement. Number equirement esponsibility /B ontractors shall install and pay F claims with the FY 2014 F PPS Pricer for discharges on or after October 1, B D F Shared- System aintainers F S S X X X S V S W F Other ontractors shall notify Fs that have failed to comply with the quality data submission requirements. X X. POVD DUTON TBL Number equirement esponsibility LN rticle : provider education article related to this instruction will be available at ducation/edicare-learning-network- LN/LNattersrticles/ shortly after the is released. You will receive notification of the article release via the established "LN atters" listserv. ontractors shall post this article, or a direct link to /B B X D F X Other

4 Number equirement esponsibility this article, on their Web sites and include information about it in a listserv message within one week of the availability of the provider education article. n addition, the provider education article shall be included in the contractor s next regularly scheduled bulletin. ontractors are free to supplement LN atters articles with localized information that would benefit their provider community in billing and administering the edicare program correctly. /B B D F Other V. SUPPOTNG NFOTON Section : ecommendations and supporting information associated with listed requirements: "Should" denotes a recommendation. X-ef ecommendations or other supporting information: equirement Number efer to attachment 1 Section B: ll other recommendations and supporting information: N/ V. ONTTS Pre-mplementation ontact(s): Fred ooke, or fred.rooke@cms.hhs.gov (for institutional claims processing), Susanne Seagrave, or susanne.seagrave@cms.hhs.gov (for policy), Sarah Shirey-Lossos, or sarah.shirey-losso@cms.hhs.gov (for institutional claims processing) Post-mplementation ontact(s): ontact your ontracting Officer's epresentative (O) or ontractor anager, as applicable. V. FUNDNG Section : For Fiscal ntermediaries (Fs), egional ome ealth ntermediaries (s), and/or arriers: No additional funding will be provided by S; ontractors activities are to be carried out with their operating budgets Section B: For edicare dministrative ontractors (s): The edicare dministrative ontractor is hereby advised that this constitutes technical direction as defined in your contract. S do not construe this as a change to the Statement of Work. The contractor is not obligated to incur costs in excess of the amounts allotted in your contract unless and until specifically authorized by the ontracting Officer. f the contractor considers anything provided, as described above, to be outside the current scope of work, the contractor shall withhold performance on the part(s) in question

5 and immediately notify the ontracting Officer, in writing or by , and request formal directions regarding continued performance requirements. TTNT: 1

6 ttachment 1 odel language for dispute determination letters: This letter is in response to your request for reconsideration of the scheduled 2% reduction in payments to your facility, due to your facility being identified as non-compliant in submitting the F Quality eporting data. S has reviewed the documentation you provided and determined that your facility is subject to the 2% reduction in F PPS payments for FY[insert upcoming year], due to your facility s noncompliance with submitting quality data during the required timeframes. Specifically, S officials found [insert S-provided statement of findings]. f your facility wishes to further appeal this determination, the appeals process set forth in 42 F Part 405, Subpart (a Provider eimbursement eview Board (PB) appeal) applies.

7 edicare laims Processing anual hapter 3 - npatient ospital Billing Table of ontents (ev.2769, ssued: ) Quality eporting Program

8 Payment Provisions Under F PPS (ev.2769, ssued: , ffective: , mplementation: ) Section 1886 of the BB provides the basis for establishing the Federal payment rates applied under PPS to Fs. The PPS incorporates per discharge federal rates based on average F costs in a base year updated for inflation to the first effective period of the system. F PPS providers are not subject to the 3-day payment widow for pre-admission services, but are subject to the 1-day payment window for pre-admission services. Beneficiary liability will operate the same as under the current Tax quity and Fiscal esponsibility ct of 1982 (TF) payment system. ven if edicare payments are below cost of care for a patient under prospective payment, the patient cannot be billed for the difference in any case. Below are the annual rate update hange equests (s) for the applicable Fiscal Years (FYs): FY FY FY FY FY FY FY FY FY FY FY FY FY hange equests can be accessed through the following S Transmittals Web site: Quality eporting Program (ev.2769, ssued: , ffective: , mplementation: ) Section 1886 (j)(7)()(i) of the ct requires application of a 2% reduction of the applicable market basket increase factor for Fs that fail to comply with the quality data submission requirements. FY 2014 is to be the first year that the mandated reduction will be applied for Fs that failed to comply with the data submission requirements during the data collection period October 1, 2012 through December 31, Thus, in compliance with 1886(j)(7)()(i) of the ct, we will apply a 2 percentage point reduction to the applicable FY 2014 market basket increase factor in calculating an adjusted FY 2014 standard payment conversion factor to apply to payments for only those Fs that failed to comply with the data submission requirements. pplication of the 2% reduction may result in an update that is less than 0.0 for a fiscal year and in payment rates for a fiscal year being less than such payment rates for the preceding fiscal year. lso, reportingbased reductions to the market basket increase factor will not be cumulative; they will only apply for the FY involved. The adjusted FY 2014 standard payment conversion factor that will be used to compute F PPS payment rates for any F that failed to meet the quality reporting requirements for the period from October 1, 2012 through December 2012 will be $14,555. fter the reconsideration process has occurred and prior to October 1 of each FY, S will provide the edicare contractors with a final list of Fs that failed to comply with the data submission requirements. The edicare contractors will then be responsible for notifying each F that failed to comply with the

9 quality data submission requirements that it will receive a 2% reduction in payment. dditionally, the edicare contractors shall include information regarding the Fs right to further appeal the 2% reduction via the Provider eimbursement eview Board (PB) appeals process. ontractors shall send this second letter only to Fs that requested a reconsideration. edicare contractors shall include the model language at the end of this section in their notification letter to the Fs. The edicare contractor shall update (or not update) the F s provider file based on the appropriate scenario listed below: f the F was notified that it was potentially subject to the 2% reduction, and did not request a reconsideration, then the edicare contractor shall set a quality reporting indicator in the provider file that triggers edicare systems to calculate the 2% reduction on all of the F s claims for the upcoming fiscal year. f the F was notified that it was potentially subject to the 2% reduction, and requested a reconsideration, but on reconsideration S upheld the decision to apply the 2% reduction, then the edicare contractor shall set a quality reporting indicator in the provider file that triggers edicare systems to calculate the 2% reduction on all of the F s claims for the upcoming fiscal year. f the F was notified that it was potentially subject to the 2% reduction, and requested a reconsideration, and on reconsideration S determined that the F should not be subject to the 2% reduction (i.e., reversed its decision), then the edicare contractor shall not update the quality reporting indicator in the F s provider file and shall notify the F that they will receive their full F PPS payment update for the upcoming fiscal year. f the F submitted the necessary F Quality eporting data and was never notified that it might potentially be subject to the 2% reduction, then the edicare contractor shall take no action regarding the quality reporting indicator in the F s provider file.

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