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The Centers for Medicare & Medicaid Services (CMS) recently issued Conditions of Participation requiring the reporting of COVID-19 related information by hospitals and critical access hospitals for tracking the incidence and impact of COVID–19.  On October 6, CMS released interpretive guidance on the Conditions of Participation, detailing the numerous reporting requirements for hospitals.  Hospitals are required to report many data points daily, such as hospital bed capacity, ventilator capacity, and hospital admissions.  Hospitals are also required to report on personal protective equipment (PPE) supplies weekly.  CMS is making influenza data reporting optional starting October 19, with the intention of having this requirement become mandatory in the coming weeks.

CMS recognizes that many states currently collect information from hospitals, and therefore hospitals may be relieved from reporting directly to the federal government.  Hospitals must obtain a written release from the State indicating that the State is certified and will collect the data from the hospital and take over the hospital’s federal reporting responsibilities.

For further questions regarding this or other COVID-19 matters, please contact Mark Fitzgerald at Mark.Fitzgerald@powerslaw.com  or Natalie Dobek at Natalie.Dobek@powerslaw.com or the Powers professional with whom you normally work.

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