How does the government shutdown impact Medicare-certified ASCs? – 10/3/2013

On October 1, 2013, CMS released a memo with a list of survey and certification activities not affected or affected by the Federal government shutdown.  Of note for Medicare-certified ASCS, or those seeking Medicare certification for the first time, are the following:

Activities not affected Activities affected

CLIA – Clinical Laboratory Improvement Amendments:

CLIA survey & certification functions are provided through user fees and are not affected by the federal government shutdown.

Certain Revisit Surveys:

Revisits, including both onsite and desk revisits, that are not required to prevent termination of Medicare participation should not be conducted.

Revisit Surveys Approved by Exception and Necessary to Prevent Termination:

State survey agencies may request approval to conduct a revisit when:

A provider or supplier has alleged compliance with CMS requirements (pursuant to a prior determination of noncompliance) and the revisit survey is necessary to determine compliance and prevent the scheduled Medicare termination of a provider or supplier. Also, the Medicare termination is likely to threaten the safety of human life, such as by creating access to care or other serious, immediate, and negative consequences for Medicare beneficiaries.

Initial Certification via Deemed Status:

States should not take any action on initial certification kits (e.g., compiling the documentation for an initial certification kit) for applicants to participate in Medicare who seek to demonstrate compliance via accreditation under a CMS-approved Medicare accreditation program.


Immediate Threats to Life or Safety:

 State SAs should take action to prevent or mitigate any other immediate threats to the life or safety of a beneficiary even if the situation does not fit into any of the preceding categories, such as survey & certification activities that may be necessary during a declared public health emergency to prevent injury or harm to beneficiaries.


Validation Surveys:

No Medicare surveys designed to validate performance of a CMS-approved accrediting organization should be performed. If you have been assigned a validation survey and have not yet conducted the validation survey, we will communicate with you at the end of any federal government shutdown whether the survey should be conducted or whether a substitute provider will be selected.

Certain Complaint Investigations:

No Medicare complaint investigations should be performed, except those alleging immediate jeopardy or actual harm to individuals, as noted in this memorandum.

Read the CMS memo.

Note:  The chart above describes steps that the Center for Medicare and Medicaid Services are taking to address the government shutdown. The AAAHC/Medicare deemed status survey process will continue despite these steps. Organizations waiting for initial Medicare certification may experience a greater than anticipated delay in receiving its final notice with the Medicare CCN from the CMS regional Offices.

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