Controversial 75 percent rule still unsettled. Inpatient rehabilitation facilities will get a 3.2-percent raise in 2004, the Centers for Medicare & Medicaid Services revealed in an Aug. 1 payment rule. But the fate of the much-maligned 75-percent rule still remains up in the air. The 75-percent rule requires rehab hospitals to show that at least three-quarters of their inpatient population over the most recent 12-month cost reporting period required "intensive rehabilitation services for 10 serious medical conditions," such as stroke, amputations and brain injuries. Providers have protested that the rule is so strict - not to mention outdated and inconsistent -that virtually no facilities would qualify for the IRF prospective payment system. A coalition of providers this summer called for the rule's repeal. CMS did not, as many hoped, offer a solution in its Aug. 1 payment rule. However, the agency promised to amend the 75-percent rule promptly -and stated that enforcement of the provision would be suspended until its new policy on the subject went into effect. To see the rule, go to http://www.access.gpo.gov/su_docs/fedreg/a030801c.html. Lesson Learned: Rehab facilities need to track the evolution of the 75-percent rule closely - how the cards fall will have a huge impact on their bottom line.
"After three months of discussion with the rehab community, we believe that we can articulate an appropriate compromise on the 75-percent rule," promises CMS Administrator Tom Scully.