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All posts tagged with “Regulatory News.”



CMS memo hints at what hospices can expect under Special Focus Program

10/10/24 at 03:00 AM

CMS memo hints at what hospices can expect under Special Focus ProgramMcKnight's Home Care; by Adam Healy; 10/8/24Hospices subjected to Special Focus Program (SFP) scrutiny will undergo frequent surveys, and noncompliant providers may face termination from the Medicare program, according to the Centers for Medicare & Medicaid Services. Under the SFP, hospices will receive surveys no less than every six months, and follow-ups may be needed, CMS said in a memo to state hospice survey agencies. Hospices that are found to have condition-level deficiencies will be required to complete appropriate enforcement remedies, which include suspension of payment, civil money penalties, directed plans of correction, directed in-service training or termination, according to CMS’ state operations manual. Hospices that have completed two SFP surveys within 18 months, have zero uncorrected condition-level deficiencies and zero pending immediate jeopardy or condition-level complaints may graduate from the SFP, CMS said. However, any hospice that does not comply with all of CMS’ requirements within the necessary timeframes may be considered for termination.

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Concurrent/simultaneous services from Hospice and a Home and Community Based Services waiver

10/10/24 at 03:00 AM

Concurrent/simultaneous services from Hospice and a Home and Community Based Services waiver Media.Alabama.gov; State of Alabama Press Release - Medicaid; 10/8/24 The Alabama Medicaid Agency (Medicaid) updated the policy to allow concurrent services from hospice and a Home and Community-Based Services (HCBS) Waiver. However, it is vital that the hospice and HCBS waiver case manager coordinate to avoid duplication of services. The HCBS waiver person-centered care plan (PCCP) and hospice plan of care (POC) of the recipient should be coordinated between the hospice, HCBS waiver case manager, and the recipient and his/her caregiver. A conference that includes these parties must be held before concurrent services can start.  The PCCP/POC conference shall be documented in both the recipient’s hospice and waiver record. The PCCP/POC should specify all concurrent services, the frequency of services, and which entity will provide the service. Each HCBS Waiver service included in the PCCP/POC should have an explanation as to why the service is not covered under hospice. [Click on the title's link for more information.] 

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Medicare Advantage is 'jeopardizing' rural hospitals, execs say

10/04/24 at 03:00 AM

Medicare Advantage is 'jeopardizing' rural hospitals, execs sayBecker's Hospital CFO Report; by Alan Condon; 10/2/24Medicare Advantage is "failing patients" and "jeopardizing" Nebraska hospitals, according to a survey of 92 member hospitals from the Nebraska Hospital Association. MA provides health coverage to more than 55% of the nation's older adults, about 33.8 million people, but some hospitals and health systems are ending their contracts with MA plans over administrative challenges that include excessive prior authorization denial rates and slow payments from insurers. "Medicare Advantage challenges the future of critical access hospitals due to lower reimbursement rates, slower or denied payments, and increased administrative burdens," Jed Hansen, executive director of the Nebraska Rural Health Association, said during an Oct. 2 virtual meeting with hospital leaders. "Without changes to MA, our rural hospitals may be forced to cut staff and services, further harming patient care. Over time, some of our rural hospitals may be forced to close altogether."

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CMS finalizes rule to curtail major DME fraud concerns

10/02/24 at 03:00 AM

CMS finalizes rule to curtail major DME fraud concernsMcKnight's Home Care; by Adam Healy; 9/26/24The Centers for Medicare & Medicaid Services finalized a rule this week that will help it better track anomalous and highly suspicious billing activity for durable medical equipment. The rule allows CMS to more closely monitor two Healthcare Common Procedure Coding System (HCPCS) billing codes for urinary catheters: A4352, an intermittent urinary catheter with a curved tip, and A4353, an intermittent urinary catheter with insertion supplies. These two billing codes were behind what may be the largest case of Medicare fraud in the program’s history. In February, the National Association of ACOs (NAACOS) uncovered evidence that fraudsters had used the two codes to loot as much as $3 billion or more from government health programs.

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Medicare Advantage Value-Based Insurance Design Model Calendar Year 2025 Model Participation

09/30/24 at 03:10 AM

Medicare Advantage Value-Based Insurance Design Model Calendar Year 2025 Model Participation CMS Newsroom; Fact Sheet; 9/27/24 The Centers for Medicare & Medicaid Services (CMS) is announcing the Calendar Year (CY) 2025 participants in the Medicare Advantage (MA) Value-Based Insurance Design (VBID) Model. As part of the VBID Model, MA plans offer additional supplemental benefits and/or reduced cost sharing (in some cases to zero). MA plans participating in the VBID Model may also use reward and incentive programs. ... For CY 2025, the VBID Model has 62 participating Medicare Advantage Organizations (MAOs) testing the model in 48 states, D.C., and Puerto Rico through 967 plan benefit packages (PBPs). All 62 participating MAOs prepared Health Equity Plans on how they will address potential inequities and disparities in access, outcomes, and/or enrollee experience of care as it relates to their participation in the VBID Model. 

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‘Think like a reviewer’: How hospices can use communication, documentation to boost quality

09/26/24 at 03:00 AM

‘Think like a reviewer’: How hospices can use communication, documentation to boost quality McKnights Home Care; by Adam Healy; 9/24/24 Regulators are tightening their scrutiny of the hospice industry, so providers must prioritize the documentation and communication practices that help them obtain higher quality scores. That’s according to hospice industry experts who spoke during an educational session at the National Hospice and Palliative Care Organization’s annual meeting in Denver. “They’re looking closely at the hospice industry,” Angela Huff, senior managing consultant at Forvis Mazars, said last week during the conference. “They have increasing concerns about fraud, waste and abuse in this space. … Don’t think this is going to stop.” ... A key part of hospice quality assurance is communication, Gallarneau said. Providers should support open, friendly channels of communication. This helps staff and clients feel comfortable raising concerns, making quality issues easier to tackle quickly and effectively. Also, prioritizing accuracy in documentation will help providers stay ready for any surveys or audits, Gallarneau noted. Hospices should ensure patient consent and election of benefit forms are properly filled out, signed and dated, and staff should all be trained to do so accordingly. 

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HopeHealth CMO: Hospice rules for ‘unrelated care’ getting stricter

09/26/24 at 03:00 AM

HopeHealth CMO: Hospice rules for ‘unrelated care’ getting stricter Hospice News; by Jim Parker; 9/25/24 Dr. Ed Martin began working in hospice in 1987 after hearing families talk about their experiences with those services. Today, he is chief medical officer of Rhode Island-based HopeHealth. The more than 50-year-old nonprofit organization also serves parts of Massachusetts. Martin recently spoke about the complicated issue of care that is deemed “unrelated” to a patient’s terminal diagnosis at the National Hospice and Palliative Care Organization’s Annual Leadership Conference in Denver. Hospice News sat down with Martin at the conference to discuss how he and his organization are addressing the matter of unrelated care, as well as the efficacy of requirements for an addendum to the election statement. [Click on the title's link to continue reading this interview.]

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Cigna to cut Medicare Advantage plans in several states

09/25/24 at 03:00 AM

Cigna to cut Medicare Advantage plans in several statesModern Healthcare; by Lauren Berryman; 9/19/24Cigna Group's health insurance unit is scaling back Medicare Advantage offerings in eight states next year, according to a notice to third-party marketers published by the insurance brokerage Pinnacle Financial Services. Members in 36 health plans will be affected by Cigna Healthcare’s cuts and service area reductions in Colorado, Florida, Illinois, Missouri, North Carolina, Tennessee, Texas and Utah. Most people will have another Cigna Medicare Advantage plan available in their counties. The company's Medicare Advantage business is fully exiting at least three counties: two in Missouri and one in North Carolina, the notice said.

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CMS: Kidney Care Choices Model boosted home-based dialysis, but more data needed

09/25/24 at 03:00 AM

CMS: Kidney Care Choices Model boosted home-based dialysis, but more data needed Hospice News; by Holly Vossel; 9/23/24 The Center for Medicare & Medicaid Innovation’s (CMMI) Kidney Care Choices (KCC) Model demonstration has increased utilization of dialysis in the home and has fostered greater clinician training in addressing related conditions. However, more time and data are needed to evaluate the reimbursement model’s impact on quality and cost, according to the first annual model evaluation report from the U.S. Centers for Medicare & Medicaid Services (CMS). The report includes the agency’s analysis of KCC model results during the first performance year since its launch on Jan. 1, 2022. Having this reimbursement path available could ease pressures for palliative care patients making decisions about their serious illness care options.

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FTC sues big 3 Pharmacy Benefit Managers

09/25/24 at 03:00 AM

FTC sues big 3 Pharmacy Benefit Managers PlanSponsor; by Remy Samuels; 9/20/24 The Federal Trade Commission filed a lawsuit against the largest PBMs, following its July report exposing the ‘opaque’ business practices of the ‘powerful middlemen.’ ... The Federal Trade Commission filed an administrative lawsuit Friday against the three largest pharmacy benefit managers—Caremark Rx, Express Scripts and Optum Rx—and their affiliated group purchasing organizations. The regulator argued the firms are responsible for inflating the cost of prescription drugs, such as insulin, and preventing patients’ access to lower-cost products. The FTC’s complaint, filed under its administrative process, not a federal court, alleges that the big three PBMs, which the FTC stated administer about 80% of all prescriptions in the U.S., have “abused their economic power by rigging pharmaceutical supply chain competition in their favor, forcing patients to pay more for life-saving medication.” 

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East Lansing caregiver sentenced for role in freezing death of elderly woman

09/24/24 at 03:30 AM

East Lansing caregiver sentenced for role in freezing death of elderly womanOIG press release; 9/17/24Colleen Kelly O’Connor, 58, of East Lansing, was sentenced to two years of probation with the first 6-months in jail by Judge Cori E. Barkman of the 29th Circuit Court in Clinton County for her role in the death of an 82-year-old woman in December 2022, announced Michigan Attorney General Dana Nessel. O’Conner was convicted in June by a Clinton County jury of one count of Vulnerable Adult Abuse — Second Degree. The victim, who was under O’Connor’s care at Vista Springs Imperial Park at Timber Ridge, an assisted living facility in Clinton County, died of exposure after being left unsupervised. O’Connor was also ordered to pay $1,115.00 in restitution to the daughter of the victim... During the very early morning hours of December 23, 2022, O’Connor twice observed the victim attempt to go outside without appropriate attire into a blizzard with single-digit temperatures, subzero windchill, and blowing and drifting snow. As a caregiver, O’Connor recklessly failed to act to prevent the victim from going outdoors into the storm, resulting in her death. A snowplow driver found the victim in the parking lot around 7 a.m., partially buried in snow.

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CMS revises instructions for AOs conducting initial certification surveys

09/24/24 at 03:00 AM

CMS revises instructions for AOs conducting initial certification surveysNAHC Report; 9/20/24... The revision clarifies initial certification processes for providers/suppliers seeking deemed status via a CMS-approved Accrediting Organization (AO). Specifically, for home health and hospice providers, the AO must not conduct an initial survey until the state agency has provided approval to the AO.Publisher's notes: 1) NAHC article may require member login; 2) CMS Admin Info: 24-22-ALL posted here.

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Maryland to drop Kaiser as Medicaid administrator

09/24/24 at 03:00 AM

Maryland to drop Kaiser as Medicaid administrator Becker's Hospital CFO Report; by Jakob Emerson; 9/23/24 Maryland will drop Kaiser Permanente as a Medicaid managed care organization in 2025. "After some lengthy contract negotiations, the [Maryland] Department of Health has elected not to enter into a contract with Kaiser and we are working to ensure a seamless transition of those enrollees to other health plans," MDH's deputy secretary of healthcare finance, told local radio station WYPR on Sept. 20. ... "If we are not able to participate in Medicaid, it would interrupt the highest-rated care and coverage of our more than 113,000 Medicaid members in Maryland in 2025," a spokesperson for Kaiser told Becker's. "We will continue to work with the Maryland Department of Health so we can continue serving this community for decades to come." According to WYPR, the state will renew its existing managed care contracts, which includes Aetna, CareFirst BCBS, UnitedHealthcare, Elevance Health's Wellpoint, Jai Medical Systems, Maryland Physicians Care, MedStar Family Choice and Priority Partners.

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CVS' Oak Street Health pays $60M to settle kickback allegations

09/24/24 at 03:00 AM

CVS' Oak Street Health pays $60M to settle kickback allegationsModern Healthcare; by Katherine Davis; 9/18/24Chicago-based healthcare firm Oak Street Health has agreed to pay $60 million to resolve allegations from the U.S. Department of Justice that it paid kickbacks to third-party insurance agents in exchange for recruiting seniors to Oak Street’s primary care clinics. The DOJ alleged in a statement today that Oak Street’s Client Awareness Program, designed to grow patient membership, had third-party insurance agents contacting seniors eligible for or enrolled in Medicare Advantage plans, seeking to recruit them to Oak Street locations.

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New revised Medicaid Fraud Control Unit performance standards

09/24/24 at 03:00 AM

New revised Medicaid Fraud Control Unit performance standardsOIG press release on X; 9/19/24HHS-OIG published revised Medicaid Fraud Control Unit (MFCU) performance standards. The standards provide helpful guidance to MFCUs in their operations and assist HHS-OIG in overseeing MFCUs. Read the performance standards here: https://direc.to/fj2o. 

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New red flags emerge in hospice UPIC auditing

09/24/24 at 02:00 AM

New red flags emerge in hospice UPIC auditing Hospice News; by Holly Vossel; 9/20/24 Unified Program Integrity Contractor (UPIC) auditors are taking a sharper look at nursing home room-and-board for hospice patients. Hospices have increasingly faced more regulatory scrutiny in recent years amid rising program integrity concerns, including ramped up UPIC audits, among various others. These audits are designed to instill oversight measures aimed at safeguarding against bad actors in the hospice industry. Regulators have been zeroing in around hospices’ data when it comes to patient interviews and Medicaid skilled nursing room-and-board payments, among other aspects of care delivery. These data could give UPIC auditors clues as to potential malfeasance. However, auditors’ data extrapolation methodology is flawed and poses risks for quality hospice providers, according to Bryan Nowicki, partner at the law firm Husch Blackwell.

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Most frequent [hospital] CMS citations in 2024

09/23/24 at 03:00 AM

Most frequent CMS citations in 2024 Becker's Clinical Leadership; by Paige Twenter; 9/19/24 Similar to 2023, hospitals are most frequently cited for deficiencies in patient rights, according to CMS data obtained by Becker's.  So far this year, CMS accrediting agencies have conducted nearly 2,760 surveys at U.S. hospitals. Of those surveys, more than 6% have resulted in a citation over a patient's right to receive care in a safe setting. Here are the 25 most common citations as of Sept. 15, according to data from CMS' Quality and Certification Oversight Reports: 

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CVS' Oak Street Health to pay $60M to settle Medicare Advantage kickback allegations

09/23/24 at 03:00 AM

CVS' Oak Street Health to pay $60M to settle Medicare Advantage kickback allegations Becker's Health IT; by Naomi Diaz; 9/19/24 CVS subsidiary Oak Street Health has agreed to pay $60 million to settle accusations that it violated the False Claims Act by offering kickbacks to third-party insurance agents in return for referring older adults to its primary care clinics. ... The settlement addresses allegations that, between September 2020 and December 2022, Oak Street Health knowingly submitted false claims to Medicare by offering illegal payments to agents, violating the Anti-Kickback Statute. CVS acquired Oak Street Health for $10.6 billion in May 2023. 

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What are the Medicare respite care guidelines?

09/20/24 at 03:00 AM

What are the Medicare respite care guidelines? Medical News Today; by Amy McLean; 9/18/24 Medicare Part A and Medicare Advantage may cover respite care as part of hospice care coverage. A person will usually need to pay 5% of the Medicare-approved amount for respite care. Respite care allows the carer to take a short amount of time off from caring for an individual. If the Medicare beneficiary spends this time in a medical facility, Medicare will likely cover the cost of the stay. [Click on the title's link to read on] ... to learn more about Medicare coverage for respite care, including what it means and what costs may be involved.

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CMS updates guidance for rural emergency hospitals: 16 things to know

09/19/24 at 03:00 AM

CMS updates guidance for rural emergency hospitals: 16 things to know Becker's Hospital CFO Report; by Alan Condon; 9/17/24 CMS has updated guidance for hospitals interested in converting to a rural emergency hospital, a Medicare designation that was made available Jan. 1, 2023. REHs are a provider type established by the Consolidated Appropriations Act, 2021, to address concerns over rural hospital closures and provide rural facilities a potential alternative to closure.  Since 2005, 106 rural hospitals have shut down, with another 86 facilities no longer providing inpatient services, according to data compiled by the University of North Carolina's Cecil G. Sheps Center for Health Services Research. Of those, 37 closures have occurred since 2020. Here are 16 things to know about REHs, including designation requirements, qualifying facilities, conditions of participation and how many hospitals have converted to REHs.  

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CMS submits 75,000 pages to federal court to justify nursing home staffing mandate

09/17/24 at 03:00 AM

CMS submits 75,000 pages to federal court to justify nursing home staffing mandate McKnights Long-Term Care News; by Kimberly Marselas; 9/15/24 The Department of Health and Human Services filed more than 75,000 pages of rule-making records with a federal court Friday, beginning its formal defense of its controversial nursing home staffing mandate. The submission of the administrative record is the first significant advance in the case since the American Health Care Association brought its challenge to the minimum staffing standard in late May. The Texas Health Care Association, three Texas providers and LeadingAge are also part of the case. In another development, District Court for the Northern District of Texas Judge Matthew Kacsmaryk on Sept. 10 agreed to fold in a separate federal challenge against the staffing mandate filed by the state of Texas. He noted that the two cases “share common questions of law or fact, consist of similar parties, the same claims, and [have] the same relief sought.”

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Walgreens to pay $107M fine for prescription billing fraud claims

09/17/24 at 03:00 AM

Walgreens to pay $107M fine for prescription billing fraud claimsModern Healthcare; by Katherine Davis; 9/13/24Walgreens Boots Alliance has agreed to pay a $106.8 million fine to the U.S. Department of Justice to settle allegations that it billed government healthcare programs for prescriptions never dispensed.

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More home health providers sunset relationships with largest Medicare Advantage players

09/16/24 at 03:00 AM

More home health providers sunset relationships with largest Medicare Advantage players Home Health Care News; by Andrew Donlan; 9/13/24 Essentia Health--a regional nonprofit health system with a substantial home health arm--announced this week that it will no longer serve as an in-network provider for UnitedHealth Group. ... Dr. Cathy Cantor, Essentia’s chief medical officer for population health, said in a statement ... “The frequent denials and associated delays negatively impact our ability to provide the timely and appropriate care our patients deserve. This is the right thing to do for the people we are honored to serve.” Headquartered in Duluth [MN], Essentia Health provides care across Minnesota, Wisconsin and North Dakota. Its network includes about 15,000 employees, 14 hospitals, 78 clinics, six long-term care facilities, six assisted living and independent living facilities, and much more. It also has a robust home health and hospice business. The company has informed patients that it will no longer serve as an in-network provider for the above-mentioned MA payers beginning Jan. 1. ... Sanford Health, a health system based in Sioux Falls, South Dakota, announced a similar plan this week. 

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United States settles claims of durable medical equipment fraud against Wilmington physician

09/13/24 at 03:30 AM

United States settles claims of durable medical equipment fraud against Wilmington physicianDOJ press release; 9/11/24WILMINGTON, Del. – U.S. Attorney David C. Weiss announced today that Dr. Vishal Patel, a Wilmington physician, has agreed to pay $1,080,000 to resolve allegations that he violated the False Claims Act by ordering medically unnecessary durable medical equipment for patients covered by Medicare and the Federal Employees Health Benefits Program (FEHBP). Between February 2018 and April 2019, Dr. Patel referred patients for more than 1750 orthotic devices, including wrist, shoulder, knee, ankle, and back braces. The United States alleges that Dr. Patel had no medical relationship with these patients and that the referrals were based on brief reviews of the patients’ medical charts, which failed to establish any legitimate medical justification for the devices. Medicare and FEHBP paid, on average, more than $400 for each device. Patient files were provided to Dr. Patel by RediDoc, LLC, a purported telemedicine company based in Phoenix, Arizona whose owners pleaded guilty to participation in a $64 million health care fraud conspiracy in May 2022.

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Medicare Advantage bonus payments decline for first time since 2015

09/13/24 at 03:00 AM

Medicare Advantage bonus payments decline for first time since 2015Becker's Payer Issues; by Rylee Wilson; 9/11/24Bonus payments to Medicare Advantage plans will decline by around 8% in 2024 compared to 2023, according to a report from KFF. The analysis, published Sept. 11, found bonus payments to MA plans will decline by around $1 billion to $11.8 billion in 2024. Although this was the first decline since 2015, the $11.8 billion in payments will still exceed amounts for every year from 2015 to 2022. The number of bonus payments will decline because of temporary policies in place during the COVID-19 pandemic increased star ratings for some plans, according to KFF. When the policies ended, some plans took a hit in bonus payments. CMS pays Medicare Advantage plans bonus payments for achieving a star rating of four or higher.

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