CARES Act Changes Rules for Who Can Certify a Patient’s Eligibility for Home Health Care

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) has a number of implications for healthcare professionals and organizations in Colorado. The full text of the CARES Act can be found here: https://assets.documentcloud.org/documents/6819239/FINAL-FINAL-CARES-ACT.pdf

Home health agencies should be aware that the bill allows for Colorado-licensed nurse practitioners, physician assistants, and clinical nurse specialists, to certify a patient’s eligibility for home health care. Previously, only a licensed physician could certify a patient’s eligibility for a home health agency. Unlike some other provisions of the CARES Act, this change is permanent and not merely a temporary change to address increased healthcare needs during the COVID-19 pandemic.

The CARES Act requires the U.S. Secretary of Health and Human Services (likely through the Centers for Medicare and Medicaid Services (“CMS”)) to develop regulations to implement the changes included in the CARES Act by Sept. 27, 2020.

Our healthcare attorneys continue to closely follow these developments, as well as many others related to the CARES Act and the COVID-19 pandemic. If you have specific questions about how the CARE Act affects you and your organization, please contact us to discuss it.