Articles and Blogs

Long-Term Care, Home Health & Hospice

CMS Issues Guidance on Protecting Resident Privacy and Prohibiting Abuse-Related Photographs and Recordings by Nursing Home Staff

[08/08/16]

Posted on August 8, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

On August 5, 2016, the Centers for Medicare & Medicaid Services (“CMS”) released a Survey and Certification Memo (“S&C Memo”) on protecting resident privacy and prohibiting abuse-related photographs and recordings by nursing home staff.¹  Recent news stories have reported nursing home staff taking unauthorized photographs or video recordings of nursing home residents, sometimes in... READ MORE

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Nursing Home Enforcement Remedies: Eight Years in Review

[06/09/16]

Posted on June 9, 2016 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On June 3, 2016, CMS released a memorandum that answered questions regarding the agency’s criteria for selection of enforcement remedies for long-term care facilities with deficiencies. The document reported data on enforcement actions taken by the agency when a nursing home is not in compliance with the Medicare and Medicaid requirements of 42 C.F.R.... READ MORE

Long-Term Care Facilities Face Compliance Deadline – Five Things to Know About the Mandatory Payroll Based Journal Reporting

[04/05/16]

Posted on April 5, 2016 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On Friday, March 18, 2016, CMS released a memo entitled “Payroll-Based Journal (PBJ) – Implementation of required electronic submission of Staffing Data for Long Term Care (LTC) Facilities.” The memo reminds LTC providers that the mandatory PBJ submission period begins July 1, 2016. The memo also contains information on how to register for PBJ reporting and... READ MORE

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Home Health Prospective Payment System Final Rule 2016: Ready or Not, Here Comes Value-Based Purchasing

[11/03/15]

Posted on November 3, 2015 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On Thursday, October 29, 2015, CMS issued the pre-publication copy of the final home health PPS rule for CY 2016 (“the Rule”).  The Rule adopts most of the proposals from July but makes a few key changes. Rates, Payments and Home Health Spending Although CMS makes several key changes to the final rule, CMS... READ MORE

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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: Robert W. Markette

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

Written by: Robert W. Markette

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

Written by: Bufford, David W.

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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