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HHS/CMS RIN: 0938-AQ36 Publication ID: Fall 2011 
Title: Face-to-Face Requirements for Home Health Services; Policy Changes and Clarifications Related to Home Health (CMS-2348-F) 
Abstract: This rule revises the Medicaid home health service definition as required by section 6407 of the Affordable Care Act of 2010 to add a requirement that physicians document the existence of a face-to-face encounter (including through the use of telehealth) with the Medicaid eligible individual within reasonable timeframes. This aligns the timeframes with similar regulatory requirements for Medicare home health services in accordance with section 6407 of the Affordable Care Act and reflects CMS' commitment to the general principles of the President's Executive Order 13563 released January 18, 2011, entitled "Improving Regulation and Regulatory Review." In addition, this rule amends home health services regulations at section 440.70 to clarify the definitions of included medical supplies, equipment and appliances, and clarify that States may not limit home health services to services delivered in the home, or to services furnished to individuals who are homebound. 
Agency: Department of Health and Human Services(HHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 42 CFR 440   
Legal Authority: PL 111-148, sec 6407(d)   
Legal Deadline:
Action Source Description Date
Final  Statutory    01/01/2010 
Timetable:
Action Date FR Cite
NPRM  07/12/2011  76 FR 41032   
NPRM Comment Period End  09/12/2011    
Final Action  09/00/2012    
Additional Information: Includes Retrospective Review under E.O. 13563.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Melissa Harris
Technical Director
Department of Health and Human Services
Centers for Medicare & Medicaid Services
C4-25-02, Center for Medicaid, CHIP, and Survey & Certification, Mail Stop S2-14-26, 7500 Security Boulevard,
Baltimore, MD 21244
Phone:410 786-3397
Email: melissa.harris@cms.hhs.gov