Health Information Management

HHS announces new ICD-10 compliance date

HIM-HIPAA Insider, August 4, 2014

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by Jaclyn Fitzgerald, Editor

HHS is set to release a final rule in the Federal Register that will establish October 1, 2015, as the new compliance date for ICD-10. Congress passed H.R. 4302, “Protecting Access to Medicare Act of 2014″ in March, which stated that ICD-10 implementation would not occur prior to October 1, 2015.
The 2014 IPPS proposed rule indicated that ICD-10 implementation would be pushed out exactly one year, but just one day later CMS appeared to backpedal when it issued the following statement:
On April 1, 2014, the Protecting Access to Medicare Act of 2014 (PAMA) (Pub. L. No. 113-93) was enacted, which said that the Secretary may not adopt ICD-10 prior to October 1, 2015. Accordingly, the U.S. Department of Health and Human Services expects to release an interim final rule in the near future that will include a new compliance date that would require the use of ICD-10 beginning October 1, 2015. The rule will also require HIPAA covered entities to continue to use ICD-9-CM through September 30, 2015.
After months of speculation as to whether the new code set would be implemented next year, the wait is finally over. HHS’ Administrative Simplification: Change to the Compliance Date for the International Classification of Diseases, 10th Revision (ICD–10–CM and ICD-10-PCS) Medical Data Code Sets states that the one-year delay will allow U.S. healthcare providers to reap the benefits of ICD-10 as soon as possible and is also the least expensive option.
Although HHS originally planned to release an interim final rule with the new compliance date, it ultimately sent a final rule to the Office of Management and Budget for review June 13. Stakeholders and the public can comment on an interim final rule even though it goes into effect immediately. The rule can then be amended based on those comments.

However, HHS decided to release the new implementation date through a final rule, which does not allow comments. HHS is permitted to waive rulemaking requirements if it finds that notice and comment procedures are impracticable, unnecessary, or contrary to the public interest. HHS believes “waiving normal notice and comment rulemaking requirements is justified because covered entities need to know how to proceed with respect to ICD-9-CM and ICD-10 now, or they will not have adequate time to prepare to accurately submit, process, and pay for healthcare claims.”


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