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National Law Review
National Law Review
7/10/2026
CMS Issues Proposed Rule on Mandatory Provider-Based Attestation Requirements for Off-Campus Outpatient Departments

CMS Issues Proposed Rule on Mandatory Provider-Based Attestation Requirements for Off-Campus Outpatient Departments

Short summary

CMS issued a proposed rule implementing mandatory provider-based attestation requirements for off-campus outpatient departments under CAA 2026. Providers must submit initial attestations by December 31, 2027, or face OPPS payment denial starting January 1, 2028. The rule introduces a standardized attestation form, a three-tiered review process, and separate NPI requirements for each off-campus department.

  • •CMS proposed rule requires attestation by Dec 31, 2027 for existing off-campus outpatient departments
  • •Starting Jan 1, 2028, Medicare denies OPPS payments without attestation and separate NPI
  • •Three-tiered review: automated validation, targeted review, and on-site audits

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