42 C.F.R. § 484.55

Condition of participation: Comprehensive assessment of patients

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Each patient must receive, and an HHA must provide, a patient-specific, comprehensive assessment. For Medicare beneficiaries, the HHA must verify the patient's eligibility for the Medicare home health benefit including homebound status, both at the time of the initial assessment visit and at the time of the comprehensive assessment.

(a) Standard: Initial assessment visit. (1) A registered nurse must conduct an initial assessment visit to determine the immediate care and support needs of the patient; and, for Medicare patients, to determine eligibility for the Medicare home health benefit, including homebound status. The initial assessment visit must be held either within 48 hours of referral, or within 48 hours of the patient's return home, or on the physician or allowed practitioner-ordered start of care date.

(2) When rehabilitation therapy service (speech language pathology, physical therapy, or occupational therapy) is the only service ordered by the physician or allowed practitioner who is responsible for the home health plan of care, the initial assessment visit may be made by the appropriate rehabilitation skilled professional. For Medicare patients, an occupational therapist may complete the initial assessment when occupational therapy is ordered with another qualifying rehabilitation therapy service (speech-language pathology or physical therapy) that establishes program eligibility.

(b) Standard: Completion of the comprehensive assessment. (1) The comprehensive assessment must be completed in a timely manner, consistent with the patient's immediate needs, but no later than 5 calendar days after the start of care.

(2) Except as provided in paragraph (b)(3) of this section, a registered nurse must complete the comprehensive assessment and for Medicare patients, determine eligibility for the Medicare home health benefit, including homebound status.

(3) When physical therapy, speech-language pathology, or occupational therapy is the only service ordered by the physician or allowed practitioner, a physical therapist, speech-language pathologist, or occupational therapist may complete the comprehensive assessment, and for Medicare patients, determine eligibility for the Medicare home health benefit, including homebound status. For Medicare patients, the occupational therapist may complete the comprehensive assessment when occupational therapy is ordered with another qualifying rehabilitation therapy service (speech-language pathology or physical therapy) that establishes program eligibility.

(c) Standard: Content of the comprehensive assessment. The comprehensive assessment must accurately reflect the patient's status, and must include, at a minimum, the following information:

(1) The patient's current health, psychosocial, functional, and cognitive status;

(2) The patient's strengths, goals, and care preferences, including information that may be used to demonstrate the patient's progress toward achievement of the goals identified by the patient and the measurable outcomes identified by the HHA;

(3) The patient's continuing need for home care;

(4) The patient's medical, nursing, rehabilitative, social, and discharge planning needs;

(5) A review of all medications the patient is currently using in order to identify any potential adverse effects and drug reactions, including ineffective drug therapy, significant side effects, significant drug interactions, duplicate drug therapy, and noncompliance with drug therapy.

(6) The patient's primary caregiver(s), if any, and other available supports, including their:

(i) Willingness and ability to provide care, and

(ii) Availability and schedules;

(7) The patient's representative (if any);

(8) Incorporation of the current version of the Outcome and Assessment Information Set (OASIS) items, using the language and groupings of the OASIS items, as specified by the Secretary. The OASIS data items determined by the Secretary must include: clinical record items, demographics and patient history, living arrangements, supportive assistance, sensory status, integumentary status, respiratory status, elimination status, neuro/emotional/behavioral status, activities of daily living, medications, equipment management, emergent care, and data items collected at inpatient facility admission or discharge only.

(d) Standard: Update of the comprehensive assessment. The comprehensive assessment must be updated and revised (including the administration of the OASIS) as frequently as the patient's condition warrants due to a major decline or improvement in the patient's health status, but not less frequently than—

(1) The last 5 days of every 60 days beginning with the start-of-care date, unless there is a—

(i) Elected transfer;

(ii) Significant change in condition; or

(iii) Discharge and return to the same HHA during the 60-day episode.

(2) Within 48 hours of the patient's return to the home from a hospital admission of 24 hours or more for any reason other than diagnostic tests, or on physician or allowed practitioner-ordered resumption date;

(3) At discharge.

[82 FR 4578, Jan. 13, 2017, as amended at 85 FR 27628, May 8, 2020; 86 FR 62421, Nov. 9, 2021; 90 FR 55619, Dec. 2, 2025]
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2001–2025 · leading case: United States ex rel. Cathy Owsley v. Fazzi Assocs., Inc., 16 F.4th 192 (6th Cir. 2021).
United States ex rel. Cathy Owsley v. Fazzi Assocs., Inc., 16 F.4th 192 (6th Cir. 2021). “See 42 C.F.R. § 484.55 (d)(1). The agency then uses the updated OASIS data to complete its claim for residual payment.”
Healey v. Thompson, 186 F. Supp. 2d 105 (D. Conn. 2001). · cites it 2× “42 C.F.R. § 484.55 . This assessment must incorporate the Outcomes and Assessment Information Set (“OASIS”), which is “a standardized assessment tool that provides a detailed examination of the patient’s physical and mental condition, as well as other information pertinent to…”
Lutwin v. Thompson, 361 F.3d 146 (2d Cir. 2004). · cites it 2× “In addition, the HHA must conduct a comprehensive assessment of the patient [as set forth in] 42 C.F.R. § 484.55 .... At a minimum [such an assessment] must be conducted every sixty days, and a new physician certified plan of care must be issued at the same increment of time.”
United States of Am. v. Fazzi Assocs., Inc. (S.D. Ohio 2019). · cites it 2× “42 C.F.R. § 484.55 (a); (Id. at ¶ 23). The Medicare insurance may include part-time nursing care, physical and speech therapy, part-time home aide services, and medical equipment and supplies.”
Marshall v. Univ. of TN Med. Ctr. Home Care Servs., LLC (E.D. Tenn. 2021). “42 C.F.R. § 484.55 . During this initial assessment, the home health agency must determine the immediate care and support needs of the patient and, for Medicare patients, determine eligibility for home health benefits, which involves an assessment of their homebound status.”
U.S. ex rel. v. LHC Grp., Inc. (6th Cir. 2025). “See 42 C.F.R. §§ 484.55 , 424.22. These assessments determine the patient’s necessary level of care, which affects the reimbursement rates.”
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