Delayed Implementation of End Stage Renal Disease (ESRD) Interim Final Rule with Comment (IFC) – Third Party Payment
Memo revised 03.07.17-*** Reminder for State Agencies and Regional Offices ***
• On December 14, 2016, an IFC concerning third party payment requirements for dialysis facilities was published in the Federal
Register (81 Fed. Reg. 90211). An interim surveyor worksheet was then released to assist surveyors in evaluating compliance
with the requirements of the IFC during ESRD surveys pending issuance of interpretive guidance.
• Delayed Implementation Date: Pursuant to a Temporary Restraining Order (TRO) issued on January 12, 2017 temporarily enjoining
implementation of the IFC pending further order of the court, use of the interim surveyor worksheet (as directed by S&C: 17-16-ESRD)
and enforcement of the provisions in the IFC (amending 42 C.F.R. §§ 494.70 and 494.180) in ESRD surveys will cease until further