Articles and Blogs

long term care

Pre-Claim Review Demonstration for Home Health Services: Making Providers More Proactive


Posted on June 22, 2016 in Health Law News

Published by: Hall Render

On June 8, the Centers for Medicare & Medicaid Services (“CMS”) announced its plan to implement a three-year Medicare pre-claim review demonstration for home health services in the states of Illinois, Florida, Texas, Michigan and Massachusetts (the “Demonstration”). These states were selected based on high incidences of fraud and improper payments for home health... READ MORE


Updates to Provider Enrollment Revalidation


Posted on March 3, 2016 in Health Law News

Published by: Hall Render

Overview Since the passage of the Affordable Care Act, all Medicare providers and suppliers have been required to revalidate their Medicare enrollment information under new screening criteria. The Centers for Medicare & Medicaid Services (“CMS”) has implemented this requirement in two cycles. The first cycle of revalidation requests has concluded, and CMS is preparing... READ MORE


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


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


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


Deferred Covered Treatment SNF Stay Policy Updated


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


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


Five-Star Ratings to Undergo Revisions


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

Written by: Bufford, David W.

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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New Guidance Documents from FDA Seek to Clarify Regulation for Wellness Devices and Medical Device Accessories


Posted on February 10, 2015 in Health Information Technology

Published by: Hall Render

On January 20, 2015, the Food and Drug Administration (the “FDA” or “Agency”) published two draft guidance documents designed to fulfill promises it made in the multi-agency Food and Drug Administration Safety and Innovation Act (“FDASIA”) Health IT report. The first draft guidance is intended to promote the innovation of general wellness devices and... READ MORE

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Report Details Safety Issues with Health IT


Posted on February 9, 2015 in Health Information Technology

Written by: Mark R. Dahlby

In November 2014, the ECRI Institute¹ issued a report discussing issues of patient safety and adverse events linked to health information technology (“IT”) products. The report comes in the form of an annual list of top ten health technology safety hazards. According to the ECRI Institute, although many facets of health IT have a... READ MORE

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