CMS Confirms 5010 and ICD-10 Rules’ Effective Dates

In notification to the U.S. House and Senate on Thursday, March 5, 2009, Don Johnson, Acting Director, Office of Legislation of the Centers for Medicare & Medicaid Services (CMS), notified the Congress that “[i]n accordance with the White House Chief of Staff’s memorandum of January 20, 2009 entitled ‘Regulatory Review,’ a determination has been made that the effective date will not be extended and the comment period will not be reopened for either of these rules.” The effective date for each of the rules is March 17, 2009. The memorandum CMS sent to Congress follows. Beginning next Monday, March 9, HIPAA.com will have a posting daily through March 17, 2009, related to the 5010 Final Rule. Earlier, this week, HIPAA.com outlined the Level 1 and Level 2 requirements of the 5010 rule.

“To: Senate Finance Committee, House Ways and Means Committee, House Energy and Commerce Committee, House and Senate Appropriations Committees, House and Senate Budget Committees, Other Interested Hill Staff

From: Don Johnson, Acting Director, Office of Legislation, Centers for Medicare & Medicaid Services

Re: Update on ICD-10 and Electronic Transaction Standards Final Rules

On January 15, the U.S. Department of Health and Human Services released two final rules that will facilitate the United States’ ongoing transition to an electronic health care environment through adoption of an updated set of diagnosis and procedures codes and updated standards for electronic health care and pharmacy transactions.

In Accordance with the White House Chief of Staff’s memorandum of January 20, 2009 entitled ‘Regulatory Review,’ a determination has been made that the effective date will not be extended and the comment period will not be reopened for either of these rules.

The first rule [ICD-10] finalizes new code sets to be used for reporting diagnoses and procedures on health care transactions. This final rule replaces the ICD-9-CM code sets, developed nearly 30 years ago, with greatly expanded ICD-10 code sets. The second final rule adopts updated versions of the standards governing electronic transactions under the authority of the Health Insurance Portability and Accountability Act of 1996. The updated versions replace the current standards and will promote greater use of electronic transactions. In response to public comments suggesting that more time would be need for effective industry inplementation, the final rules include later compliance dates. More specifically, the final rules provide compliance dates of Jan. 1, 2012, for the transactions standards and October 1, 2013, for the ICD-10 code set.”

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