In a Memorandum to State Survey Agencies dated March 13, 2009, CMS ruled that Rural Health Clinics that lose their mid-level practitioner after Medicare certification and demonstrate that they cannot recruit a replacement in the required 90-day period, can apply for a temporary staffing waiver. The change in the ruling states that the requested waiver is not dependent upon the date that the RHC became certified, allowing them to apply anytime after a mid-level practitioner leaves.
In a ruling dated March 9, 2009, CMS determined that the effective date of Medicare participation for an FQHC under new ownership was the date CMS received the signed participation agreement, not the date that the Change of Ownership (“CHOW”) application was filed. Although the FQHC continued to serve Medicare beneficiaries during the transition, the CHOW was not considered final until the agreement was signed and received.