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Ex. DUT-FED-024 Standing duty Primary source read

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation) · United States (Federal)

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
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).