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PROPOSED PAYMENT RULE FOR LONG-TERM CARE HOSPITALS FOR RATE YEAR 2009 Overview:
On January 22, 2008, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would establish payment rates and policy changes for hospitals paid under the Long-Term Care Hospital (LTCH) Prospective Payment System (PPS) for the 2009 Rate Year. The proposed rule is intended to assure appropriate payment for services to severely ill patients or patients having medically complex conditions while giving LTCHs incentives to provide more efficient care to Medicare beneficiaries.
Background:
Long-term care hospitals are generally defined as hospitals that have an average Medicare inpatient length of stay of greater than 25 days. These hospitals typically provide extended medical and rehabilitative care for patients who may suffer from multiple acute or chronic conditions or require clinically complex care, such as respiratory therapy and pain management. Approximately 390 long-term care hospitals are paid under the LTCH PPS.
Since 2002, Medicare has paid for services to beneficiaries in LTCHs under the LTCH PPS, which provides a single payment to the hospital for the patient’s stay based on the patient’s diagnosis. The new payment system was made effective for LTCHs for cost reporting periods beginning on or after October 1, 2002. The Medicare-severity long-term care diagnosis related groups (MS-LTC-DRG) which are used to categorize LTCH patients are based on the MS-DRGs used in the acute care hospital inpatient prospective payment system (IPPS), but are modified to reflect the different resources used by LTCHs in treating this more complex patient population.
Payment rates and policies under the LTCH PPS are presently updated annually for a rate year that runs from July 1 through June 30. However, because the MS-LTC-DRGs are based on the IPPS DRGs, changes to the LTC-DRGs are included in the IPPS final rule published each year in August and are effective on October 1.
Change in the Effective Date of the Annual Payment Rate Update:
CMS is proposing to change the effective date of the annual update for the LTCH PPS payment rate and related policy changes which are currently effective beginning each July 1 to coincide with the annual update of the MS-LTC-DRG classifications and recalibration of the relative weights which are effective beginning each October 1. This policy is being proposed in response to industry concerns, as well as to maximize the use of CMS resources. CMS is proposing to make the Rate Year (RY) 2009 rates effective for a 15-month period, from July 1, 2008 through September 30, 2009, to consolidate the annual update to payment rates and the changes to the MS-LTC-DRGs so both become effective on October 1, beginning on October 1, 2009.
Update of the Standard Federal Rate for 2009 Rate Year:
Effect of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Medicare Extension Act) on the Proposed Standard Federal Rate:
RY 2008 Update:
The One-Time Prospective Adjustment to the Standard Federal Rate:
· At the outset of the LTCH PPS, CMS regulations specified that the agency would review payments under the LTCH PPS, and, if appropriate, propose a one‑time prospective adjustment to the LTCH PPS rates by October 1, 2006 (later changed to July 1, 2008). · The purpose of this adjustment was to ensure that the effect of any significant difference between the original budget neutrality calculations and a budget neutrality calculation based on more recent data would not be perpetuated in the LTCH PPS rates for future years. · CMS is not proposing to implement the one-time prospective adjustment to the standard Federal rate for RY 2009 because of the impact of the provisions of the Medicare Extension Act. However, the proposed rule presents a possible methodology for evaluating whether a one-time budget neutrality adjustment may be appropriate.
Proposed Outlier Threshold:
In unusually costly cases, Medicare may pay a LTCH an additional amount, called an outlier payment, in addition to the Federal prospective payment under the LTCH PPS for the MS-LTC-DRG. To be eligible for this payment, the LTCH’s estimated costs in treating the case must exceed the MS-LTC-DRG payment by the outlier fixed-loss amount. For RY 2009, CMS is proposing to increase the fixed-loss amount for high cost outlier cases to $21,199 from $20,738. As under current regulations, estimated aggregate high cost outlier case payments are limited to 8 percent of total estimated LTCH payments.
Wage Index Provisions:
The proposed rule contains a number of proposals that would affect the wage index, including:
Clarifications of Wage Index Policies:
Projected Impact of Proposals on LTCH Payments from RY 2008 to RY 2009:
· CMS estimates that if all the changes presented in this proposed rule were finalized, total payments to LTCHs would increase by approximately 2.9 percent, or approximately $124 million, for RY 2009, as compared to estimated RY 2008 LTCH PPS payments. Aggregate LTCH PPS payments for 2009, based on the proposed changes in this proposed rule, are estimated at approximately $4.44 billion. · The projected increase in total estimated payments is due primarily to the proposed rate update of 2.6 percent.
RTI Contract:
The CMS RY 2009 proposed rule discusses the research contract that CMS awarded to Research Triangle International (RTI) for the purposes of evaluating the possible establishment of patient and facility-level criteria for LTCHs. The proposed rule also reviews the Technical Expert Panels (TEPs) that were held in January and November of 2007.
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