Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency – Interim Final Rule Summary

On November 2, 2020, an interim final rule with comment period (IFC) providing for additional policy and regulatory revisions in response to the COVID-19 public health emergency (PHE) was posted for public inspection. The IFC contains provisions of the Centers for Medicare & Medicaid Services (CMS) and the Departments of Treasury, Labor, and Health and Human Services (HHS), referenced as “the Departments.” The rule was published in the Federal Register on November 6, 2020. The rule contains provisions of CMS and the Departments of Treasury, Labor, and Health and Human Services. The rule was published in the November 6, 2020, Federal Register. The IFC establishes coverage of a COVID-19 vaccine without cost sharing under Medicare, Medicaid, the Children’s Health Insurance Program (CHIP), the Basic Health Program (BHP), and private plans, specifically non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance. Price transparency rules are established for COVID-19 diagnostic tests. Special payment rules are established for new COVID-19 treatments under Medicare for the acute inpatient hospital and outpatient hospital settings. Conditions for receiving temporarily increased federal matching payments under Medicaid are modified. Medicare’s Comprehensive Care for Joint Replacement (CJR) model is extended. Flexibilities are provided with respect to public notice requirements and post-award public participation requirements for State Innovation Waivers during the COVID-19 PHE.

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