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HHS/CMS RIN: 0938-AT95 Publication ID: Spring 2020 
Title: Preadmission Screening and Resident Review (CMS-2418) 

In 1993, CMS published regulations to implement requirements under OBRA ‘87 that all applicants to and residents of Medicaid-certified nursing homes be evaluated for mental illness and intellectual disability to ensure that nursing home placement was appropriate and, if so, the nursing home was adequately equipped to serve the individual’s needs. Because these regulations have not been updated since, they are now misaligned with statutory requirements that were later amended and refer to outdated diagnostic manuals and definitions. Lessons learned from 30 years of implementation also indicate that some regulations are duplicative, overly prescriptive, or vague. This rule updates the regulations to remedy these issues.

Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 42 CFR 431    42 CFR 433    42 CFR 435    42 CFR 441    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C.1396r(b)(3)(F)    42 U.S.C. 1396r(e)(7)    42 U.S.C. 1396b(a)(2)(C)   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/20/2020  85 FR 9990   
NPRM Comment Period End  04/20/2020 
NPRM Comment Period Extended  04/20/2020  85 FR 21811   
NPRM Comment Period Extended End  05/20/2020 
Final Action  11/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Anne Blackfield
Health Insurance Specialist
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Center for Medicaid & CHIP Services, MS: S2-15-10, 7500 Security Boulevard,
Baltimore, MD 21244
Phone:410 786-8518