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This final rule finalizes certain provisions of three TRICARE interim final rules with request for comments issued in 2020 in response to the novel coronavirus disease 2019 (COVID-19) national emergency. The rules are as follows:

1. Interim final rule titled TRICARE Coverage and Reimbursement of Certain Services Resulting from Temporary Program Changes in Response to the COVID-19 Pandemic” (RIN 0720-AB81, published May 12, 2020 (85 FR 27921-27927)). The subject of the final rule has been changed to read as set forth in the title field above.

2. Interim final rule titled TRICARE Coverage of Certain Medical Benefits in Response to the COVID-19 Pandemic” (RIN 0720-AB82, published September 3, 2020 (85 FR 54914-54924)).

3. Interim final rule titled TRICARE Coverage of National Institute of Allergy and Infectious Disease Coronavirus Disease 2019 Clinical Trials” (RIN 0720-AB83, published October 30, 2020 (85 FR 68753-68758)).

The following provisions are finalized in a consolidated final rule, with modifications: (1) temporary waiver of the exclusion of audio-only telehealth services during the COVID-19 national emergency; (2) temporary waiver of telehealth cost-sharing during the COVID-19 national emergency; (3) temporary waiver of certain provider licensing requirements during the COVID-19 national emergency; (4) temporary waiver of the three-day prior hospital qualifying stay requirements for skilled nursing facilities during the COVID-19 national emergency; (5) temporary waiver of certain acute care hospital requirements for temporary hospitals and freestanding ambulatory surgery centers during the COVID-19 national emergency; (6) temporary revision of diagnosis related group (DRG) reimbursement at a 20 percent higher rate for COVID-19 patients during the COVID-19 Health and Human Services (HHS) Public Health Emergency (PHE); (7) temporary waiver of certain requirements for Long Term Care Hospitals (LTCHs) during the HHS PHE; (8) the permanent adoption of Medicare’s New Technology Add-On Payments (NTAPs) for new medical items and services; and (9) TRICARE’s enactment of the Medicare Hospital Value Based Purchasing (HVBP) Program.  Two provisions of the TRICARE COVID-19 interim final rules are being addressed in a separate final rule: treatment use of investigational drugs under expanded access; and National Institute for Allergy and Infectious Disease (NIAID) sponsored clinical trials.