As we have previously reported, Section 3708 of the Coronavirus Aid, Relief and Economic Security (CARES) Act permanently authorizes nurse practitioners (NPs) to certify for Medicare and Medicaid home health care services in accordance with state law. Per that legislation, CMS has six months from the passage of the legislation to implement this section via rulemaking.

We are pleased to announce that on April 30, 2020, CMS issued an interim final rule that permanently implements Section 3708 of the CARES Act, retroactively effective to March 1, 2020. This interim final rule overrides the previous Medicare and Medicaid home health flexibilities issued last month, which were only for the duration of the public health emergency. As previously mentioned in our newsletter, these policies do refer back to state law, so it is important to ensure that if there is any conflicting language in state law or regulations, it is amended in accordance with this interim final rule. AANP's State and Federal Government Affairs teams are working together closely to identify conflicting language so it can be addressed.