Literature Review

H.R.8278 - Hospice Recertification Flexibility Act: Introduced to Congress Congress.gov; introduced by Rep. Carol Miller [R-WV-1] on 5/7/24; text released 6/10/24To amend title XVIII of the Social Security Act to extend certain telehealth flexibilities with respect to hospice care under the Medicare program, and to establish a modifier for recertifications of hospice care eligibility conducted through telehealth.

From theory to practice: Collaboration shows how law and healthcare work together in real life Iowa College of Law; 5/22/24 A recent workshop collaboration between the [Iowa] College of Law and College of Nursing gave students preparing for both professions an opportunity to learn more about legal and healthcare issues surrounding end-of-life decision-making. The two-hour event, “Navigating the Intersection of Law and Healthcare: An Interactive Workshop for Future Practitioners,” brought together students from the Estate Planning and Law & Policy in Action clinics and graduate students in the College of Nursing. Topics included Medical Powers of Attorney (Medical POA), Living Wills, and other decision-making considerations for critical health issues. Elise Fenton, JD Candidate (2025), said the workshop illustrated the difference between how advance directives like Living Wills work in theory versus how they may be utilized in practice. 

Experts urge Legislature to pass bill preventing for-profit and private equity hospice in New York Spectrum News 1; by Susan Arbetter; 5/21/24The FBI has issued public warnings about hospice fraud in four states — Texas, Arizona, Nevada and California. The bureau is alerting consumers to a wide-spread scam in which patients are enrolled in hospice without their knowledge by recruiters who “sell” hospice care to people who aren’t actually eligible. ...  One reason fraudsters have yet to gain a foothold in New York is that new hospices here go through a “Certificate of Need” process (CON) which reviews applications, provides for public comment and ensures that hospice operators don’t have a history of fraud or abuse. But according to Jeanne Chirico, president and CEO of the Hospice & Palliative Care Association of NYS (HPCANYS), and Kara Travis, president and CEO of Mountain Valley Hospice & Palliative Care, and a trustee of HPCANYS, there’s more that New York can do to protect consumers. They are urging lawmakers to pass a bill carried by state Sen. Liz Krueger and Assemblymember Amy Paulin that would prohibit the establishment of new for-profit hospices in the state (A6032 - Paulin / S6460 – Krueger).

Laws in motion to bring ‘Right to Try’ psychedelics at end-of-life Hospice News; by Holly Vossel; 5/21/24Hospice providers are navigating an evolving landscape of laws opening up pathways of access around psychedelic utilization at the end of life. Despite mounting evidence that psychedelics can improve experiences and reduce symptom burden in some terminally ill patients, these drugs remain difficult to access for those wishing to utilize them. Some states and the federal government have considered legislation that would establish a “right to try” psychedelics and other experimental interventions for certain seriously ill patients. 

Senate ramps up push to reform doctors' Medicare pay Modern Healthcare; by Michael Mcauliff; 5/20/24Declining doctors' pay in Medicare is getting its most serious look in nearly a decade in the Senate, with a bipartisan push launched Friday by the Senate Finance Committee. Doctors have grown especially vocal in recent years about falling Medicare reimbursement. Groups including the American Medical Association have estimated doctors were effectively getting paid 26% less in 2023 than in 2001 because the physician fee schedule set by the Centers for Medicare and Medicaid Services is not adjusted for inflation. Physicians have also called for more flexibility within the pay system.

NAHC hails legislation to extend Hospital at Home Waiver Program NAHC Newsroom - National Association for Home Care & Hospice; Press Release; 5/20/24 The National Association for Home Care & Hospice (NAHC) applauds the introduction in the United States Senate of the Hospital Inpatient Services Modernization Act of 2024, bipartisan legislation sponsored by Sen. Thomas Carper (D-De) and Sen. Tim Scott (R-SC) to extend the Centers for Medicare & Medicaid Services (CMS) Acute Hospital Care at Home waiver program for five years.  The Acute Hospital Care at Home waiver program is due to expire on December 31, 2024, but this legislation would extend it for five additional years.

NAHC advocacy scores wins in CongressNAHC Newsroom; Press Release; 5/10/24Tireless advocacy by the National Association for Home Care & Hospice (NAHC) and our partners at the National Hospice and Palliative Care Organization, has resulted in the approval of the Preserving Telehealth, Hospital, and Ambulance Access Act (H.R. 8261) through the Ways & Means Committee of the U.S. House of Representatives. While the committee advanced the legislation, it will still need to be passed by the full House of Representatives and the Senate as well. This first step was crucial to get the bill on the pathway to its ultimate enactment into law. This legislation provides:

House Committee vote gives hope to extending telehealth, hospital at home waivers Health Leaders; by Eric Wicklund; 5/9/24 The House Ways and Means Committee has voted to advance the Preserving Telehealth, Hospital and Ambulance Access Act (HR 8261), which would, among other things,  continue pandemic-era Medicare waivers enacted by the Centers for Medicare and Medicaid Services (CMS) for telehealth access and coverage through 2026 and extend the CMS Acute Hospital Care at Home waiver for an additional five years, to the end of 2029.

Wide-ranging health care bill gets final approval from CT House CT Mirror - Connecticut's Nonprofit Journalism; by Jenna Carlesso; 5/6/24The House gave final passage Monday to a wide-ranging health care bill that would add protections for home care workers, boost preparedness for cyberattacks at medical facilities and establish new regulations for the state’s health information exchange, among other reforms. ... The sections on additional protections for home care workers were prompted by the murder of visiting nurse Joyce Grayson, who was killed in October while working at a halfway house in Willimantic. ... The bill requires home health aide agencies to collect certain client information upon intake and make it available to any employee assigned to the client. Information includes a history of violence against health care workers, domestic abuse, substance use, psychiatric history, any listing on a sex offender registry, the crime rate of the municipality the person lives in, and whether there are any weapons or safety hazards in the home. [Click on the title's link for more important information about this bill's safety measures.]

Evolving medical licensing laws could affect hospice workforce, diversity challenges Hospice News; by Holly Vossel; 5/1/24 A rash of states are restructuring their medical licensing requirements to allow more trained clinicians from other countries to find employment in the United States. The trend is an aim to address prolific workforce shortages, including in hospice, but could also have impacts on improving diversity, equity and inclusion. Some states have restructured medical licensing requirements for certain international medical graduates (IMGs) to allow more clinical professionals to work in the United States.

More legislation in Illinois deals with ending a person’s life The Center Square - Illinois; by Kevin Bessler; 5/1/24 Another bill has been introduced in Springfield dealing with end of life options for the terminally ill. Illinois state Sen. Julie Morrison’s Senate Bill 2644 would establish a statewide electronic registry that would contain Physician Orders for Life Sustaining Treatment (POLST) forms, which detail what type of medical treatment a critically ill patient does and does not want. “How much or how little treatment a person receives at the end of their life should be up to each individual instead of the one-size-fits-all approach,” said Morrison, D-Lake Forest, during a news conference Wednesday. “This measure will enable physicians to access forms detailing patients wishes in a single, accessible location.” 

Medical marijuana may be sold in pharmacies, but it is not a medicine Psychiatric Times; by Yi-Lang Tang, MD, PhD and Elizabeth McCord, MD; 4/29/24Commentary: Georgia will soon be the first state in the nation to allow independent pharmacies to sell medical marijuana products, with more than 100 pharmacies already applying to participate. This raises serious health concerns. The public should be aware that medical marijuana is not a medicine and that it differs from US Food and Drug Administration (FDA)-approved medications in several key ways. ... Editor's Note: This article contains a list of what is approved (or not) in each state (with Washington D.C. and Puerto Rico); a brief history of medical marijuana; and differences between medical marijuana and FDA-approved medications.

Congresswoman Kat Cammack introduces legislation to block 80-20 Rule Home Health Care News; by Joyce Famakinwa; 4/26/24 ... On Thursday, Congresswoman Kat Cammack (R-Fla.) introduced a bill to block the U.S. Department of Health and Human Services (HHS) from finalizing the 80-20 provision. Additionally, the legislation would also block HHS from implementing any similar rules that place a minimum requirement for how much of Medicaid spending on HCBS goes towards direct workers’ wages. Cammack’s reason for introducing this legislation is her belief that the 80-20 provision will severely limit access to care at a time when providers are already struggling to serve patients.