Medicare Benefit Policy Manual (Pub. 100-02), Ch. 13 § 30.2
RHC Temporary Staffing Waivers
30.2 - RHC Temporary Staffing Waivers
(Rev. 239, Issued: 01-09-18, Effective: 1-22-18, Implementation: 1-22-18)
An existing RHC may request a temporary staffing waiver if the RHC met the staffing
requirements before seeking the waiver, and either or both of the following occur:
• An NP or PA is not currently employed by the RHC.
• An NP, PA, or CNM is not furnishing patient care at least 50 percent of the time
the RHC operates.
To receive a temporary staffing waiver, an RHC must demonstrate that it has made a
good faith effort to recruit and retain the required practitioner(s) in the 90 day period
prior to the waiver request. Recruitment activities should begin as soon as the RHC
becomes aware that they will no longer be in compliance with this requirement. Good
faith efforts can include activities such as advertising in an appropriate newspaper or
professional journal, conducting outreach to an NP, PA, or CNM school, or other
activities.
Staffing waivers are for a period not to exceed 1 year. The waiver cannot be extended
beyond 1 year, and another waiver cannot be granted until a minimum of 6 months have
elapsed since the prior waiver expired. RHCs should continue their recruitment activities
during the waiver period to avoid termination when the waiver period ends.
An RHC will be terminated if any of the following occur:
• The RHC does not meet the staffing requirements and does not request a
temporary staffing waiver;
• The RHC requests a temporary staffing waiver and the request is denied due to a
lack of good faith effort to meet the requirements;
• The RHC does not meet the staffing requirements and is not eligible for a
temporary staffing waiver because less than 6 months have passed since the
expiration of the previous waiver;
• The RHC reaches the expiration date of the temporary staffing waiver and has not
come into compliance; or
• Other non-compliance issue.