CMS Finalizes New Obstetrical Services Conditions of Participation (CoP)

In November 2024, CMS finalized a new set of Conditions of Participation (CoP) requirements focused on obstetrical services.

CoPs are requirements developed by CMS that facilities need to meet in order to begin and continue participating in federally funded health care programs, including Medicare, Medicaid, and CHIP. The requirements typically are health and safety guidelines intended to protect beneficiaries by improving quality care and enforcing patient rights.

The facilities will need to meet several requirements in five major sections: organization, staff training, quality assessment and performance improvement, emergency services readiness, and transfer protocols. It’s important to note that the updates for emergency services readiness and transfer protocols are modifications to existing CoPs and the remaining categories are entirely new CoPs. These requirements will also only be applicable to hospitals and critical access hospitals providing obstetrical services and receiving Medicare funding. They do not apply to designated rural emergency hospitals or facilities not providing obstetrical services.

The new requirements will focus on the following areas and on the identified timelines per the OPPS final rule.

ACOG is working closely with CMS to avoid any unintended consequences of implementation of these requirements across facilities and will share more updates as they become available.