Articles and Blogs

Long-Term Care, Home Health & Hospice

The DOL Strikes Back: Department of Labor Wins Companionship Services Case

[08/21/15]

Posted on August 21, 2015 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On August 21, 2015, the Court of Appeals for the D.C. Circuit (the “Court”) issued a ruling in Home Care Association of America v. David Weil, also known as the “companionship services lawsuit.” Unfortunately, it is more bad news for the home care industry. The Court ruled that the Department of Labor (“DOL”) has... READ MORE

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CMS Proposes Comprehensive Revision of LTC Requirements for Participation: Review of New Regulations for Facilities

[07/16/15]

Posted on July 16, 2015 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

Introduction CMS has proposed a comprehensive revision of the requirements for participation for long-term care facilities (the “Requirements”) for the first time since 1991.  The proposed regulations reflect the significant changes in technology, resident care and facility demographics since 1991.  CMS states the proposed regulations are designed to optimize resident safety, reflect current professional... READ MORE

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HHPPS FY 2016 Proposed Rule

[07/13/15]

Posted on July 13, 2015 in Long-Term Care, Home Health & Hospice

Written by:

Value-Based Purchasing Comes to Home Care On Monday, July 6, CMS issued the pre-publication copy of the proposed FY 2016 Home Health PPS Rule (the “Proposed Rule”).  The Proposed Rule will impose further cuts to home health reimbursement.  This is done in part through a continued application of the Affordable Care Act rebasing, which... READ MORE

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MedPAC Report to Congress 2015: Oops, They Did It Again

[04/01/15]

Posted on April 1, 2015 in Long-Term Care, Home Health & Hospice

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On March 13, 2015, the Medicare Payment Advisory Commission (“MedPAC”) released its annual report to Congress (“Report”). The Report contains MedPAC’s recommendation for improvements to Medicare payments to providers as well as recommendations on controls to help combat fraud and waste. As usual, MedPAC has concerns about home health and hospice and makes a... READ MORE

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Deferred Covered Treatment SNF Stay Policy Updated

[03/30/15]

Posted on March 30, 2015 in Long-Term Care, Home Health & Hospice

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Subject to various exceptions, a covered skilled nursing facility (“SNF”) stay must initiate within 30 days of a qualifying hospital stay.  In some cases where it is medically predictable that an individual will require a covered level of SNF care within a determinable time frame, that same individual may also have a need for a covered... READ MORE

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WEBINAR: Home Care and the Continuum – March 10

[03/05/15]

Posted on March 5, 2015 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

Join Hall Render Attorney Robert Markette on March 10 for: How Home Care and Acute Care Can Work Together With the rise of ACOs and other new payment models, acute care providers are beginning to reconsider their involvement with post-acute care. As pay for performance, shared savings and other models that pay based upon... READ MORE

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Five-Star Ratings to Undergo Revisions

[02/12/15]

Posted on February 12, 2015 in Long-Term Care, Home Health & Hospice

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On February 12, CMS hosted an Open Door Forum on the upcoming changes to the Nursing Home Compare Five-Star rating system.  These changes will be effective on February 20th.  Nursing facilities will be able to privately view their revised ratings by mid-morning on Friday, February 13, via their MDS portal login. The updated scoring system may... READ MORE

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The Exemption Lives Part II: What Was It Again?

[01/16/15]

Posted on January 16, 2015 in Long-Term Care, Home Health & Hospice

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In light of the recent ruling that the revised companionship services exemption COULD NOT go into effect and that the long-standing version of the exemption would REMAIN IN EFFECT, we thought it was worth going back over the original exemption requirements so that home care providers can be sure that if they are going to... READ MORE

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Happy New Year from the D.C. Circuit

[12/31/14]

Posted on December 31, 2014 in Long-Term Care, Home Health & Hospice

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Hall Render advised readers of a memorandum opinion issued December 22, 2014¹ by the U.S. District Court for the District of Columbia, in which it struck down some, but not all, of the revised companionship services regulations (the “Regulations”) that are currently set to become effective on January 1, 2015. In this ruling, the... READ MORE

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D.C. Circuit Strikes Down Portion of New Companionship Services Exemption

[12/29/14]

Posted on December 29, 2014 in Long-Term Care, Home Health & Hospice

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In a memorandum opinion issued December 22, 2014,1 the U.S. District Court for the District of Columbia struck down some, but not all, of the revised companionship services regulations (the “Regulations”) that are currently set to become effective on January 1, 2015. The ruling comes out of a legal challenge brought against the United... READ MORE

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