The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 42 U.S.C. 1395x(e)(9); 42 C.F.R. 482.42 (as amended 84 Fed. Reg. 51732 (Sept. 30, 2019) and 85 Fed. Reg. 54873 (Sept. 2, 2020))
- Issued
- 1986-06-17 June 17, 1986
- Effective
- standing; (e) effective Sept. 2, 2020 (read as 2020-09-02)
- End
- standing through the claim period (read as 2021-09-30)
- In force
- Standing since Sept. 2, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersWorkplace rulesStanding duty
- Addressees
- hospitals participating in Medicare (and critical access hospitals under 42 C.F.R. 485.640)
- Character
- regulatory duty
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.
Penalty
42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)
What it required
Every Medicare hospital was under a standing 'must' duty to run active infection prevention and control programs under a designated infection preventionist, and from September 2, 2020 to report COVID-19 data to HHS daily as a condition of participation (85 Fed. Reg. 54820, Ex. FED-092). Character as recorded: regulatory_duty (condition of Medicare participation).