Special Requirements for Rural Emergency Hospitals (REHs) (CMS-10863)

This is a request for a new information collection request related to the special requirements for Rural Emergency Hospitals (REHs) and is associated with final rulemaking. The statutory authority for REHs as a new provider type, effective January 1, 2023, is set forth at §125 of the Consolidated Appropriations Act (CAA), 2021, which added §1861(kkk) to the Social Security Act (the Act). In the final rule, which went on display on the Federal Register website on August 1, 2023, we finalized new regulations which implement requirements for the additional information that an eligible facility is required to submit when applying for enrollment as a Rural Emergency Hospital (REH), as required by section 125 of the Consolidated Appropriations Act (CAA), 2021. We also finalized updates to certain definitions in the survey and certification regulations to include REHs as a provider type. Specifically, we finalized updates to “Provider of services or provider” at 42 CFR 488.1; to “Statutory basis” at §488.2; “Documentation of findings” at §488.18; and “Requirements for providers” at §489.102. In this final rule, we also finalized new regulations at 42 CFR § 488.70, titled Special Requirements for Rural Emergency Hospitals, which codify the statutory requirement that eligible facilities that submit an application for enrollment as an REH under section 1866(j) of the Act must also submit additional information and also what information must be submitted. In an earlier final rule that was published on November 23, 2022 (87 FR 71748), we finalized regulations which set forth the eligibility requirements for REHs, including the type of health care facilities that are eligible to apply for participation and an REH, and a requirement that eligible facilities be enrolled and certified to participate in Medicare as of December 27, 2020. Also in the November 23, 2022 final rule, CMS established REH CoPs at new Subpart E of 42 CFR Part 485, which are Medicare standard REHs must meet to ensure the health and safety of patients who will receive REH services.

The latest form for Special Requirements for Rural Emergency Hospitals (REHs) (CMS-10863) expires 2027-01-31 and can be found here.