QUESTION: How did the Arra Affect the moratorium that the MMSEA placed on new LTCH or new LTCH satellites and expansions in the number of beds in Existing Ltchs, effective December 29, 2007?

ANSWER: The Arra makes one Additional Exception to the moratorium that will allow existing LTCHs to expand the number of beds in the LTCH or its satellite if the hospital obtained a certificate of need for an increase in beds in a State for which such certificate of need is required that was issued on or after April 1, 2005, and before December 29, 2007. As with the exceptions specified under MMSEA, this additional exception will be implemented, under procedures already established, by State Survey Agencies, CMS Regional Offices, and Fiscal Intermediaries/Medicare Administrative Contractors.