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long term care

The Exemption Lives: District Court Strikes Down the Department of Labor’s Revised Definition of Companionship Services

[01/15/15]

Posted on January 15, 2015 in Health Law News

Published by: Hall Render

In an opinion issued on January 14, 2015 in Home Care Association of America v. Weil1, the U.S. District Court ruled that the revised companionship service exemption would not take effect and that the exemption would remain as originally promulgated in 1974 (“the Opinion”).  This means that home care providers may continue to rely... 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

Written by: Taylor, Allison L.

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

Written by: Taylor, Allison L.

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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Face-to-Face Analysis Relating to Final Home Health PPS Final Rule 2015

[11/03/14]

Posted on November 3, 2014 in Health Law News

Published by: Hall Render

On October 30, 2014, CMS issued its pre-released copy of the Final CY 2015 Home Health Prospective Payment System Rule (“Final Rule”). The Final Rule adopts many of the proposals found in the proposed regulations that were published by CMS earlier this year (“Proposed Rules”). Notably, the Final Rule also contains CMS’s responses to... READ MORE

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Indiana Medicaid to Reimburse Home Health Agencies for Certain Telehealth Services

[10/31/14]

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

Written by: Taylor, Allison L.

Senate Enrolled Act 554 from the 2013 legislative session set the stage for an upcoming change in Medicaid policy that will provide reimbursement for certain telehealth services provided by Home Health Agencies (“HHAs”).  The Indiana Health Coverage Programs (“IHCP”) released Bulletin BT201454 earlier this week outlining the policy change that will cover an HHA’s remote monitoring of data... READ MORE

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Caution – Pay No Mind to the Department of Labor’s Temporary Non-Enforcement Policy Relating to the Companion Services Exemption

[10/31/14]

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

Written by: Taylor, Allison L.

In the October 9, 2014 Federal Register, the Department of Labor (“DOL”) indicated it will delay enforcement of the Companion Services Rule (“Rule”) until June 30, 2015 (the “Notice”). The DOL suggests this delayed enforcement is meant to assist the provider community with implementing changes in the Rule. In its commentary, the DOL suggests... READ MORE

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Are Major Changes Coming to Home Health Conditions of Participation?

[10/08/14]

Posted on October 8, 2014 in Long-Term Care, Home Health & Hospice

Written by: Robert W. Markette

On October 8, 2014, CMS announced two initiatives with the objective of improving the quality of post-acute care.  Important to home health providers, CMS released a proposed rule that would revise the conditions of participation (“proposed COPs”) that regulate home health agencies. READ MORE

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CMS Reiterates Need for Discharge Assessment to Non-Certified Beds

[08/29/14]

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

Written by: Selby, Todd J.

On August 25, 2014, CMS issued a survey transmittal regarding the need for nursing homes to complete a discharge assessment when a resident transfers from a SNF and/or NF certified bed to a non-certified bed in the same facility.  CMS issued this transmittal to reinforce to facilities that discharge assessments are critical to ensure the... READ MORE

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Senators Recommend Changes to Recovery Audit Contractor Payment System

[07/15/14]

Posted on July 15, 2014 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

At a recent roundtable, the Senate Special Committee on Aging criticized the Medicare claims review process, suggesting it unfairly burdened providers and failed to improve program integrity. The senators blamed the current payment system for the auditors and suggested moving from an arrangement that currently incentivizes recovery of overpayments to one that incentivizes reducing... READ MORE

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Extension of Due Date for Nursing Home Automatic Sprinkler Installation

[05/22/14]

Posted on May 22, 2014 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

On May 16, 2014, CMS issued a Survey and Certification Transmittal (“Transmittal”) to the state survey agency directors providing infomation on how Medicare and Medicaid certifed long-term care facilities may obtain an extension of time for the installation of automatic sprinkler sytems.  The Transmittal sets forth the procedures on how a nursing home may seek an... READ MORE

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