In a November 25, 2009 final rule, CMS revised the definition of "respiratory therapist" in reference to personnel qualifications that must be met by a CORF. This regulatory revision corrected a previous change to the definition of "respiratory therapist" made in a 2008 final rule, which inadvertently excluded a category of respiratory professional, "certified respiratory therapists (CRTs)." The 2008 change to the definition prevented CMS from paying CORFs for services provided by CRTs. Restoration of the proper regulatory language in the November 25, 2009 rule ensured that CORFs would be paid for services provided by CRTs and ensured Medicare beneficiaries' access to care provided by CRTs in the approximately 400 Medicare- & Medicaid-participating CORFs.
The proposed rule was published in the Federal Register, Volume 74, No. 132, July 13, 2009.
The final rule was published in the Federal Register, Volume 74, No. 226, November 25, 2009.
Existing CoPs are currently in effect.
CFR section numbers:
42 CFR §485.50-74
CFR section descriptions:
42 CFR §485.50-74 Conditions of Participation: CORFs