94-12459. Medicare Program; Uniform Electronic Cost Reporting System for Hospitals  

  • [Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-12459]
    
    
    [[Page Unknown]]
    
    [Federal Register: May 25, 1994]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    42 CFR Part 413
    
    [BPD-689-FC]
    RIN 0938-AE80
    
     
    
    Medicare Program; Uniform Electronic Cost Reporting System for 
    Hospitals
    
    AGENCY: Health Care Financing Administration (HCFA), HHS.
    
    ACTION: Final rule with comment period.
    
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    SUMMARY: This final rule with comment period implements the provisions 
    of section 4007(b) of the Omnibus Budget Reconciliation Act of 1987, as 
    amended by section 411(b)(6) of the Medicare Catastrophic Coverage Act 
    of 1988, which require the Secretary to place into effect a 
    standardized electronic cost reporting system for all hospitals under 
    the Medicare program. Under this final rule with comment period, all 
    hospitals are required to submit their cost reports, for hospital cost 
    reporting periods beginning on or after October 1, 1989, in a uniform 
    electronic format. The Secretary may grant a delay or a waiver of this 
    requirement where implementation could result in financial hardship for 
    a hospital.
    
    DATES: Effective date: These rules are effective June 24, 1994.
        Comment date: Comments will be considered if we receive them at the 
    appropriate address, as provided below, no later than 5 p.m. on July 
    25, 1994. We are accepting comments concerning the requirement in 
    Sec. 413.24(f)(4)(ii), that cost reporting software be able to detect 
    changes to the electronic cost report made after the provider has 
    submitted it to the intermediary.
    ADDRESSES: Mail written comments (1 original and 3 copies) to the 
    following address: Health Care Financing Administration, Department of 
    Health and Human Services, Attention: BPD-689-FC, P.O. Box 7517, 
    Baltimore, MD 21207.
        If you prefer, you may deliver your written comments (1 original 
    and 3 copies) to one of the following addresses:
    
    Room 309-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., 
    Washington, DC 20201, or
    Room 132, East High Rise Building, 6325 Security Boulevard, Baltimore, 
    MD 21207.
    
        Because of staffing and resource limitations, we cannot accept 
    comments by facsimile (FAX) transmission. In commenting, please refer 
    to file code BPD-689-FC. Comments received timely will be available for 
    public inspection as they are received, generally beginning 
    approximately 3 weeks after publication of a document, in room 309-G of 
    the Department's offices at 200 Independence Avenue, SW., Washington, 
    DC, on Monday through Friday of each week from 8:30 a.m. to 5 p.m. 
    (phone: (202) 690-7890).
    
    FOR FURTHER INFORMATION CONTACT: Thomas Talbott (410) 966-4592.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Under Medicare, hospitals are paid for inpatient hospital services 
    that they furnish to beneficiaries under Part A (Hospital Insurance). 
    Currently, most hospitals are paid for their inpatient hospital 
    services under the prospective payment systems for operating and 
    capital costs in accordance with sections 1886(d) and (g) of the Social 
    Security Act (the Act) and 42 CFR part 412. Under these systems, 
    Medicare payment is made at a predetermined, specific rate for each 
    hospital discharge based on the information contained on actual bills 
    submitted.
        Section 1886(f)(1)(A) of the Act provides that the Secretary will 
    maintain a system for reporting costs of hospitals paid under the 
    prospective payment systems. Section 412.52 requires all hospitals 
    participating in the prospective payment systems to meet the 
    recordkeeping and cost reporting requirements of Secs. 413.20 and 
    413.24, which include submitting a cost report for each 12-month 
    period.
        The hospitals and hospital units that are excluded from the 
    prospective payment systems are generally paid an amount based on the 
    reasonable cost of services furnished to beneficiaries. The inpatient 
    operating costs of these hospitals and hospital units are subject to 
    the ceiling on the rate of hospital cost increases in accordance with 
    section 1886(b) of the Act and Sec. 413.40.
        Sections 1815(a) and 1833(e) of the Act provide that no payments 
    will be made to a hospital unless it has furnished the information, 
    requested by the Secretary, needed to determine the amount of payments 
    due the hospital under the Medicare program. In general, hospitals 
    submit this information through cost reports that cover a 12-month 
    period.
        All hospitals participating in the Medicare program, whether they 
    are paid on a reasonable cost basis or under the prospective payment 
    systems, are required under Sec. 413.20(a) to ``maintain sufficient 
    financial records and statistical data for proper determination of 
    costs payable under the program.'' In addition, hospitals must use 
    standardized definitions and follow accepted accounting, statistical, 
    and reporting practices. Under the provisions of Secs. 413.20(b) and 
    413.24(f), hospitals are required to submit cost reports annually, with 
    the reporting period based on the hospital's accounting year.
    
    II. Legislation Concerning Electronic Reporting
    
        On December 22, 1987, the Omnibus Budget Reconciliation Act of 
    1987, Public Law 100-203, was enacted. Section 4007 of Public Law 100-
    203, which was subsequently amended by section 411(b)(6) of the 
    Medicare Catastrophic Coverage Act of 1988, Public Law 100-360, added 
    section 1886(f)(1)(B) of the Act, which sets forth several provisions 
    concerning the reporting of hospital information under the Medicare 
    program. Section 1886(f)(1)(B) of the Act applies to hospital cost 
    reporting periods beginning on or after October 1, 1989.
        Section 1886(f)(1)(B)(i) of the Act provides that the Secretary 
    will place into effect a standardized electronic cost reporting format 
    for hospitals under Medicare. This standardized electronic cost 
    reporting format does not require any additional data from hospitals. 
    Section 1886(f)(1)(B)(ii) of the Act provides that the Secretary may 
    delay or waive the implementation of the electronic format in instances 
    where such implementation would result in financial hardship for a 
    hospital. As an example of a financial hardship situation, this section 
    of the Act specifically mentions hospitals with a small percentage of 
    inpatients entitled to Medicare benefits.
    
    III. Provisions of the Proposed Regulations
    
        On August 19, 1991, we published a proposed rule (56 FR 41110) to 
    implement sections 1886(f)(1)(B) (i) and (ii) of the Act. We proposed 
    that cost reports be submitted in a standardized electronic format. The 
    hospital's cost report software must be able to produce a standardized 
    output file in American Standard Code for Information Interchange 
    (ASCII) format. All intermediaries have the ability to read this 
    standardized file and produce an accurate cost report. The proposed 
    rule did not require the reporting of any additional information.
        If a hospital refuses to submit the cost reports electronically, 
    Medicare payments to that hospital may be suspended under the 
    provisions of sections 1815(a) and 1833(e) of the Act. As explained 
    above, sections 1815(a) and 1833(e) of the Act provide that no Medicare 
    payments will be made to a hospital unless it has furnished the 
    information, requested by the Secretary, needed to determine the amount 
    of payments due the hospital under the Medicare program. Section 
    405.371(d) provides for suspension of Medicare payments to a hospital 
    by the intermediary if the hospital has failed to submit information 
    requested by the intermediary that is needed to determine the amount 
    due the hospital under Medicare. The general procedures that are 
    followed when Medicare payment to a hospital is suspended for failure 
    to submit information that is needed by the intermediary to determine 
    Medicare payment (that is, when a hospital fails to furnish a cost 
    report, furnishes an incomplete cost report, fails to furnish other 
    needed information, or fails to submit a cost report electronically) 
    are located in section 2231 of the Intermediary Manual (HCFA Pub. 13). 
    These procedures include timeframes for ``demand letters'' to 
    hospitals, which in addition to reminding hospitals to file timely and 
    complete cost reports, explain possible adjustments of Medicare 
    payments to a hospital and the right to request a 30-day extension of 
    the due date. If a hospital believes that implementation of the 
    electronic submission requirement would cause a financial hardship, the 
    hospital should submit a written request for a waiver or a delay of 
    these requirements, with supporting documentation, to the hospital's 
    intermediary.
    
    IV. Discussion of Public Comments
    
        In response to the proposed rule, we received six timely items of 
    correspondence. We have summarized the comments and are presenting them 
    below with our responses.
    
    A. Requirements for Electronic Submission
    
        Comment: A few commenters requested clarification concerning the 
    format for electronic reporting.
        Response: HCFA provided approved vendors of cost reporting software 
    with a uniform standardized format for the creation of the required 
    ASCII file. This format shows how each unique record must be displayed 
    in the electronic file in terms of worksheet, line, and column 
    position. The specifications required to complete a computerized 
    Medicare Cost Report have been in effect since the inception of the 
    Automated Desk Review (ADR) program in 1983. There are presently three 
    vendors approved by HCFA for the ADR system. Eight other commercial 
    vendors are approved by HCFA for electronic compilation of the Medicare 
    cost report. A hospital may use any of the 11 vendors for purposes of 
    filing an electronically prepared cost report. Each of the 11 vendors 
    must undergo periodic testing in which it develops and submits to HCFA 
    a completed cost report to demonstrate its system's ability to conform 
    to HCFA's display standards. No hospital may file its cost report 
    electronically unless the commercial software system it uses has 
    completed the testing process and been approved by HCFA.
        In addition, when the provider files the cost report with the 
    intermediary, the cost report must pass edits specified in the Provider 
    Reimbursement Manual, Part II, before the intermediary can accept it. 
    If the cost report fails to pass these edits the intermediary will 
    immediately reject the cost report and return it to the provider for 
    correction. The cost report will be considered late if the provider 
    fails to correct it before the due date. The provider will be subject 
    to withholding of interim payments until the intermediary receives the 
    corrected cost report.
        Comment: Several commenters questioned the need to file a hard copy 
    cost report in addition to submitting the electronic cost report. 
    Additionally, commenters were concerned with the lack of a written 
    statement certifying the accuracy of the electronic cost report. One 
    commenter suggested that HCFA require providers to submit a written 
    certification with the electronic cost report.
        Response: We agree with the commenters concerns regarding the need 
    to file a hard copy cost report and the lack of a statement certifying 
    the accuracy of the electronic file. Therefore, effective for cost 
    reporting periods ending on or after October 1, 1994, we are 
    eliminating the requirement that providers file a hard copy of the cost 
    report in addition to the electronic file. In new 
    Sec. 413.24(f)(4)(iii), we specify that instead of a hard copy cost 
    report, providers must submit a hard copy of the certification 
    statement, settlement summary, and a statement of certain worksheet 
    totals found within the cost report file. We note that the 
    certification statement provides that in signing the statement, the 
    provider's administrator or chief financial officer is certifying the 
    accuracy of the data contained in the electronic cost report or, if the 
    provider has filed a manually prepared report, in the hard copy cost 
    report.
        We believe that these changes will reduce the burden on providers 
    and ensure the accuracy of the data contained in the electronic file. 
    However, we also need to ensure that the electronic cost report is not 
    altered once it leaves the provider. Thus, in conjunction with the 
    changes made based on public comment, we are implementing a series of 
    changes designed to preserve the integrity of the electronic cost 
    report once the provider files it with the intermediary. First, we are 
    specifying in new Sec. 413.24(f)(4)(ii) that the provider's software 
    must be capable of disclosing that changes have been made to the cost 
    report file after the provider has submitted it to the intermediary. 
    Specifically, electronic cost reporting software will be modified so 
    that the cost report will calculate a ``hash total'', that is, a number 
    representing the sum of the worksheet totals (mentioned above) 
    contained in the provider's as filed cost report. If any data in the 
    electronic file is changed after the hash total is calculated, the 
    electronic file will disclose that a change has been made. We will 
    instruct all automated data reporting vendors to develop the capability 
    to calculate hash totals and disclose changes for all their provider 
    clients. Second, we are specifying in regulations that an intermediary 
    may not alter a cost report once it has been filed by a hospital and 
    must reject any cost report that does not pass all specified edits and 
    return it to the provider for correction. Third, HCFA will make 
    periodic checks to ensure that the totals in the electronic file agree 
    with those totals certified by the provider's administrator or chief 
    financial officer.
        Because providers may not have anticipated such substantial changes 
    as a result of this rule, we are soliciting comments concerning the 
    requirement in new Sec. 413.24(f)(4)(ii) that cost report software be 
    able to disclose changes to the electronic file made after the provider 
    has submitted it to the intermediary.
        Comment: One commenter requested that the intermediary be required 
    to report back to the provider in electronic cost reporting format the 
    audit adjustments made to the provider's cost report. This would allow 
    providers to readily add the audit adjustments to the electronic cost 
    report for future reference.
        Response: We recognize the merit of this suggestion and will 
    consider implementing this process in the future. The intermediaries 
    would need additional computer programming to be able to provide 
    hospitals with an electronic file of audit adjustments. We will discuss 
    the commenter's suggestion with the 11 approved vendors of cost report 
    software to determine the extent of additional programming needed and 
    the financial implications.
    
    B. Waiver Process
    
        Comment: Several commenters requested guidance concerning the 
    process for seeking a delay in or waiver from the electronic submission 
    requirement. The commenters also wanted to know under what 
    circumstances HCFA would grant a delay or waiver. Commenters suggested 
    that HCFA define the term ``financial hardship'' as used in the 
    proposed rule.
        Response: The Provider Reimbursement Manual, part II, section 130, 
    provides the guidelines for requesting a waiver. Basically, the 
    provider must make a written request to the intermediary at least 120 
    days before the close of the provider's cost reporting period. The 
    intermediary reviews the request and forwards it, with a recommendation 
    for approval or denial, to HCFA's central office within 30 days of 
    receipt of the request. The central office informs the intermediary 
    whether the waiver is approved or denied within 60 days of receipt of 
    the request in the central office.
        Because of the varying financial circumstances of hospitals and 
    other health care providers that participate in the Medicare program, 
    we believe that it would be inappropriate to establish a definition of 
    ``financial hardship'' or a set of specific criteria that a provider 
    would need to meet to qualify for a waiver of the electronic cost 
    reporting requirement. We believe that the best method for determining 
    whether a provider qualifies for a waiver is to consider requests on a 
    case by case basis.
        To date, we have received only eight requests for waiver. We 
    believe that the small number of requests indicates that the majority 
    of providers will not experience financial hardship as a result of 
    electronic cost reporting. In addition, in an effort to minimize the 
    number of providers that need a waiver, we developed a software package 
    that will enable the hospital to file an electronic data set to its 
    fiscal intermediary in order to generate an electronic cost report. We 
    are providing the software package to hospitals free of charge. 
    Therefore, we believe that with the availability of the free software, 
    it will be difficult for a provider to demonstrate financial hardship.
        Comment: A commenter recommended that HCFA provide an automatic 
    waiver of electronic cost report filing in each instance in which a 
    waiver of standard or full cost reporting has been granted, including 
    those cases where full cost reporting has been waived because of a low 
    percentage of Medicare inpatients.
        Response: HCFA will grant an automatic waiver of electronic cost 
    reporting if a provider is exempt from full or standard cost reporting. 
    To qualify for an automatic waiver of electronic cost reporting, the 
    provider must apply and qualify for an exemption from full or standard 
    cost reporting in accordance with the rules that provide for the 
    exemption. For example, a provider that does not furnish any covered 
    services to Medicare beneficiaries is exempt from filing a full cost 
    report and instead must submit an abbreviated report under 
    Sec. 413.24(g). Additionally, a provider with low program utilization 
    may obtain a waiver from filing a full cost report in accordance with 
    Sec. 413.24(h). When the intermediary notifies a provider that it 
    qualifies for an exemption from filing a full cost report, the provider 
    also will be notified of the exemption from electronic filing. 
    Providers must apply for a waiver of full cost reporting for each new 
    cost reporting period. Providers that are not exempt from full cost 
    reporting must file for a waiver according to the procedure set forth 
    in section 130 of the Provider Reimbursement Manual, part II, as 
    discussed above.
    
    C. Sanctions
    
        Comment: Commenters requested HCFA's position regarding the 
    penalties assessed against a provider for failing to file its cost 
    report electronically.
        Response: Sections 1815(a) and 1833(e) of the Act provide that no 
    payments will be made to a hospital unless it has furnished the 
    information requested by the Secretary needed to determine the amount 
    of payments due the hospital under the Medicare program. Section 
    405.371(d) provides for suspension of Medicare payments to a hospital 
    by the intermediary if the hospital fails to submit a cost report, 
    submits an incomplete cost report, or fails to furnish other needed 
    information. Section 2409.1(A)(1) of the Provider Reimbursement Manual 
    (PRM 15-I) addresses the procedures an intermediary will follow when a 
    provider fails to submit a cost report or when the cost report is 
    overdue. Unless the provider has received a waiver from electronic cost 
    reporting, the intermediary will consider a timely filed cost report 
    that is not filed electronically as an overdue cost report for purposes 
    of section 2409.1(A)(1). We will update this section of the manual to 
    reflect our position regarding sanctions for failure to file cost 
    reports electronically.
    
    D. Cost of Implementation
    
        Comment: A commenter disagreed with our statement in the impact 
    analysis of the proposed rule that hospitals would not be significantly 
    affected by electronic cost reporting. The commenter stated that some 
    hospitals had to make expensive changes in personnel or software to 
    comply with the regulations and that the cost of maintaining the 
    required software was an additional burden on providers. The commenter 
    suggested that HCFA pay providers for the cost of implementing the 
    electronic cost reporting requirement including the cost of equipment, 
    software, additional personnel, external consultants, and any related 
    overhead costs.
        Response: Section 1886(f)(1)(B) of the Act does not authorize HCFA 
    to subsidize any of the costs hospitals incur in implementing 
    electronic cost reporting. However, it does authorize the waiver or 
    delay of the implementation of the electronic format in cases of 
    financial hardship. As discussed above, if computer support required 
    for electronic cost reporting will cause financial hardship, the 
    hospital may request a waiver from electronic filing.
    
    V. Provisions of the Final Regulations
    
        In this final rule with comment, we are revising the provisions set 
    forth in the proposed rule. Based on public comment, we are eliminating 
    the requirement that providers file a hard copy cost report in addition 
    to the electronic file. Also based on public comment, we are adding a 
    new paragraph (iii) to Sec. 413.24(f)(4) to provide that in addition to 
    the electronic file, a hospital must submit hard copies of a settlement 
    summary, a statement of certain worksheet totals found in the 
    electronic file, and a signed statement certifying the accuracy of the 
    electronic file or the manually prepared cost report.
        In addition to the changes made based on public comment, we are 
    adding a new paragraph (ii) to Sec. 413.24(f)(4) to provide the 
    following:
         All cost reporting software must be able to disclose that 
    changes have been made to the electronic file after the provider has 
    submitted its cost report to the intermediary.
         The intermediary may not alter the cost report once it has 
    been filed by the provider.
         The intermediary rejects any cost report that does not 
    pass all specified edits and returns it to the provider for correction.
        As a result of the above changes to the regulations text, proposed 
    Sec. 413.24(f)(4)(ii) has been redesignated as Sec. 413.24(f)(4)(iv).
    
    VI. Collection of Information Requirements
    
        Section 413.24 of this final rule with comment contains information 
    collection and recordkeeping requirements that are subject to review by 
    the Office of Management and Budget (OMB) under the Paperwork Reduction 
    Act of 1980 (44 U.S.C. 3501 et seq.). These information collection and 
    recordkeeping requirements are not effective until they have been 
    approved by OMB. We have submitted a copy of this final rule with 
    comment to OMB for review of the information collection requirements.
        Approximately 90 percent of hospitals participating in Medicare 
    have filed electronic cost reports before the effective date of this 
    regulation, that is with cost reporting periods beginning on or after 
    October 1, 1989. These providers will now have to file a diskette 
    containing the required cost report data in a standard format. This 
    diskette will contain input data only. We believe that minimal time 
    would be needed for hospitals to become familiar with the revised 
    software furnished by their cost reporting vendor. The remaining 10 
    percent of the hospitals previously filed manually prepared cost 
    reports. While these hospitals will initially experience an additional 
    reporting burden, we believe that once they are familiar with 
    electronic reporting, there will no longer be an additional burden and 
    there may even be a decrease in burden since the time needed to compute 
    the cost report will no longer be required.
    
    VII. Response to Comments
    
        Because of the number of items of correspondence we normally 
    receive on Federal Register documents published for comment, we are not 
    able to acknowledge or respond to them individually. We will consider 
    comments we receive by the date and time specified in the ``DATES'' 
    section of this preamble, and, if we proceed with a final rule, we will 
    respond to comments in the preamble to that document. Specifically, we 
    are soliciting comments concerning the requirement in new 
    Sec. 413.24(f)(4)(ii) that cost reporting software be able to detect 
    changes made to the electronic file after the provider has submitted it 
    to the intermediary. We will not consider comments concerning 
    provisions that remain unchanged from the August 19, 1991 proposed rule 
    or provisions that were changed based on public comment.
    
    VIII. Impact Statement
    
        Unless the Secretary certifies that a final rule will not have a 
    significant economic impact on a substantial number of small entities, 
    we generally prepare a regulatory flexibility analysis that is 
    consistent with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
    through 612). For purposes of the RFA, all hospitals and small 
    businesses that distribute cost-report software to hospitals are 
    considered to be small entities. Intermediaries are not included in the 
    definition of a small entity.
        Section 1102(b) of the Act requires the Secretary to prepare a 
    regulatory impact analysis if a final rule may have a significant 
    impact on the operations of a substantial number of small rural 
    hospitals. Such an analysis must conform to the provisions of section 
    603 of the RFA. For purposes of section 1102(b) of the Act, we define a 
    small rural hospital as a hospital that has fewer than 50 beds and is 
    located outside of a Metropolitan Statistical Area.
        Under the provisions of Secs. 413.20(b) and 413.24(f), hospitals 
    are required to submit cost reports annually, with reporting periods 
    based on the hospital's accounting year. This is generally a 
    consecutive 12-month period. Section 1886(f)(1)(B)(i) of the Act now 
    requires the use of a standardized electronic cost reporting format for 
    hospitals. There are approximately 11 national software suppliers that 
    distribute cost report software packages to hospitals. In addition, 
    HCFA offers a cost reporting software package that is available at no 
    expense to any hospital that requests it.
        As discussed in the proposed rule, computer software suppliers and 
    hospitals that purchased their software will not be significantly 
    affected by these provisions. Suppliers will not need to develop new 
    software and hospitals will not need to purchase new software but only 
    revise the software or have the cost report portion of the software 
    revised based on standard format requirements set by HCFA. Although the 
    cost report portion of software packages will be exactly the same, 
    competition among suppliers will not be adversely affected since each 
    offers other features that make its product unique.
        Hospitals that will be most affected by this final rule with 
    comment period are those that may be unable to afford the equipment to 
    submit electronically. These hospitals might include hospitals that 
    have very few Medicare beneficiaries and small rural hospitals. 
    Hospitals that have access to computer equipment can utilize and 
    benefit from HCFA's free software if they are unable to afford the 
    software that is available from suppliers. However, as stated above, we 
    have received only eight requests for waiver of electronic cost 
    reporting. We believe that the small number of requests indicates that 
    the vast majority of hospitals will not experience financial hardship 
    due to the requirements of this final rule with comment period.
        In conclusion, this final rule with comment period will not have a 
    significant effect on hospital costs since hospitals will not be 
    required to collect any additional data beyond that which the 
    regulations currently specify; cost-report software is available at no 
    cost from HCFA to any hospital that requests it; and most hospitals 
    have some type of computer equipment through which they are currently 
    submitting electronically prepared cost reports. Hospitals will only be 
    affected to the extent that all would be required to submit cost 
    reports in a standardized electronic format to their respective 
    intermediary. A hospital that does not comply with the provisions of 
    this rule, as specified in the preamble, will be subject to sections 
    1815(a) and 1833(e) of the Act, which provide that no payments will be 
    made to a hospital unless it has furnished the information requested by 
    the Secretary that is needed to determine the amount of payments due 
    the hospital under Medicare.
        This final rule with comment period will not have a significant 
    effect on a substantial number of Medicare participating hospitals or 
    software suppliers. Therefore, a regulatory flexibility analysis is not 
    required. We are not preparing a rural impact statement since the 
    Secretary certifies that this final rule with comment period will not 
    have a significant economic impact on the operation of a substantial 
    number of small rural hospitals. In accordance with the provisions of 
    Executive Order 12866, this regulation was not reviewed by the Office 
    of Management and Budget.
    
    List of Subjects CFR Part 413
    
        Health facilities, Kidney diseases, Medicare, Puerto Rico, 
    Reporting and recordkeeping requirements.
    
        42 CFR part 413 is amended as set forth below:
    
    PART 413--PRINCIPLES OF REASONABLE COST REIMBURSEMENT; PAYMENT FOR 
    END-STAGE RENAL DISEASE SERVICES
    
        A. The authority citation for part 413 is revised to read as 
    follows:
    
        Authority: Sec. 1102, 1814(b), 1815, 1833(a), (i), and (n), 
    1861(v), 1871, 1881, 1883, and 1886 of the Social Security Act (42 
    U.S.C. 1302, 1395f(b), 1395g, 13951(a), (i), and (n), 1395x(v), 
    1395hh, 1395rr, 1395tt, and 1395ww) and sec. 104(c) of Pub. L. 100-
    360 as amended by sec. 608(d)(3) of Pub. L. 100-485 (42 U.S.C. 
    1395ww (note)); and sec 101(c) of Pub. L. 101-234 (42 U.S.C. 1395ww 
    (note)).
    
        B. A new paragraph (f)(4) is added to Sec. 413.24 to read as 
    follows:
    
    
    Sec. 413.24  Adequate cost data and cost finding.
    
    * * * * *
        (f) Cost reports. * * *
        (4) Electronic submission of cost reports. (i) Effective for cost 
    reporting periods beginning on or after October 1, 1989, a hospital is 
    required to submit its cost reports in a standardized electronic 
    format. The hospital's electronic program must be capable of producing 
    the HCFA standardized output file in a form that can be read by 
    intermediary's automated system. This electronic file, which must 
    contain the input data required to complete the cost report and the 
    data required to pass specified edits, is forwarded to the fiscal 
    intermediary for processing through its system.
        (ii) The fiscal intermediary may not alter the cost report once it 
    has been filed by the hospital. If a cost report does not pass all 
    specified edits, the fiscal intermediary rejects the cost report and 
    returns it to the hospital for correction. The hospital's electronic 
    program must be able to disclose that changes have been made to the 
    electronic cost report after the provider has submitted it to the 
    intermediary.
        (iii) Effective for cost reporting periods ending on or after 
    October 1, 1994, a hospital must submit a hard copy of a settlement 
    summary, a statement of certain worksheet totals found within the 
    electronic file, and a statement signed by its administrator or chief 
    financial officer certifying the accuracy of the electronic file or the 
    manually prepared cost report. The following statement must immediately 
    precede the dated signature of the hospital's administrator or chief 
    financial officer:
    
        I hereby certify that I have read the above certification 
    statement and that I have examined the accompanying electronically 
    filed or manually submitted cost report and the Balance Sheet 
    Statement of Revenue and Expenses prepared by ________ (Provider 
    Name(s) and Number(s)) for the cost reporting period beginning 
    ________ and ending ________ and that to the best of my knowledge 
    and belief, this report and statement are true, correct, complete 
    and prepared from the books and records of the provider in 
    accordance with applicable instructions, except as noted. I further 
    certify that I am familiar with the laws and regulations regarding 
    the provision of health care services, and that the services 
    identified in this cost report were provided in compliance with such 
    laws and regulations.
    
        (iv) A hospital may request a delay or waiver of the electronic 
    submission requirement in paragraph (f)(4)(i) of this section if this 
    requirement would cause a financial hardship. The hospital must submit 
    a written request for delay or waiver with necessary supporting 
    documentation to its intermediary at least 120 days prior to the end of 
    its cost reporting period. The intermediary reviews the request and 
    forwards it with a recommendation for approval or denial, to HCFA 
    central office within 30 days of receipt of the request. HCFA central 
    office either approves or denies the request and notifies the 
    intermediary within 60 days of receipt of the request.
    * * * * *
    (Catalog of Federal Domestic Assistance Program No. 93.773, 
    Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
    Supplementary Medical Insurance Program)
    
        Dated: August 25, 1993.
    Bruce C. Vladeck
    Administrator, Health Care Financing Administration.
    
        Approved: May 6, 1994.
    Donna E. Shalala,
    Secretary.
    [FR Doc. 94-12459 Filed 5-24-94; 8:45 am]
    BILLING CODE 4120-01-P
    
    
    

Document Information

Effective Date:
6/24/1994
Published:
05/25/1994
Department:
Health and Human Services Department
Entry Type:
Uncategorized Document
Action:
Final rule with comment period.
Document Number:
94-12459
Dates:
Effective date: These rules are effective June 24, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: May 25, 1994, BPD-689-FC
RINs:
0938-AE80
CFR: (5)
42 CFR 413.24(f)(4)(ii)
42 CFR 413.24(f)(4)(iii)
42 CFR 413.24(g)
42 CFR 413.24(h)
42 CFR 413.24