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NHPCO Analysis of the FY 2024 Hospice Wage Index and Quality Reporting Proposed Rule

Summary at a Glance 

The FY 2024 Hospice Wage Index and Quality Reporting proposed rule went on display for public inspection on the Federal Register website on Friday, March 31, 2023. The proposals for fiscal year 2024 include the following:

• Proposed rate increase of 2.8%. Rates for each level of care are available below.

• Cap amount: The proposed hospice cap amount for the FY 2024 cap year is $33,396.55

• 4% payment penalty will apply for FY 2024 rates based on CY 2022 data submission.

• The Hospice Outcomes & Patient Evaluation (HOPE) tool is still under review.

• The Hospice CAHPS® tool modes are still under consideration.

• The proposal to implement the Hospice Special Focus Program will be published in the CY 2024 Home Health Prospective Payment Update Rate proposed rule, which will be issued this summer.

• Proposed addition of hospice physicians to the Medicare enrollment process required for covered hospice services.

• CMS Fact Sheet: Fiscal Year (FY) 2024 Hospice Payment Rate Update Proposed Rule (CMS-1787-P) l CMS

 

Click to read the full proposed rule

Comments are due no later than May 30, 2023, with file code: CMS-1787-P

 

Key Info About the End of the Public Health Emergency

By NAHC

This article compiled with the assistance of our friends at Alston & Bird LLP.

You are probably seeing news stories about this bill which the President has said he will sign. This is not the Public Health Emergency (set to end on May 11) since the PHE is designated by HHS and the national emergency declaration must be made by the President, but there are some areas of impact.  Here’s our overview on what this is:

On March 29, the Senate passed HJ Res 7 (https://www.congress.gov/bill/118th-congress/house-joint-resolution/7/text [congress.gov]), which would terminate the President’s National Emergencies Act declaration regarding the COVID-19 national emergency. President Biden is expected to sign this, despite previously indicating he would end the emergency on May 11. It is important to note that this action will not impact the various waivers and flexibilities implemented pursuant to the HHS Secretary’s COVID-19 public health emergency (PHE) declaration and/or the Stafford Act declaration.

The important details are as follows:

  1. HJ Res 7 would terminate the President’s national emergency declaration pursuant to section 202 of the National Emergencies Act.
    1. The language in HJ Res 7 is very specific, referencing President Trump’s original proclamation under the National Emergencies Act (https://www.govinfo.gov/content/pkg/FR-2020-03-18/pdf/2020-05794.pdf [govinfo.gov]).
  2. The Stafford Act declaration, made by President Trump in March 2020 (https://trumpwhitehouse.archives.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-act/ [trumpwhitehouse.archives.gov]) was made independently from the original National Emergencies Act declaration and is not impacted by HJ Res 7.
    1. Furthermore, Stafford Act declarations do not have pre-set terms (i.e., there is no “expiration” date of these declarations specified in either statute or regulation) (see: https://crsreports.congress.gov/product/pdf/IN/IN12106 [crsreports.congress.gov]).
  3. The Secretary’s COVID-19 PHE declaration was made pursuant to section 319 of the Public Health Service Act and is not impacted by HJ Res 7.

As such, terminating the National Emergencies Act declaration alone does not impact the Secretary’s COVID-19 PHE declaration or the Stafford Act declaration, or the flexibilities/waivers implemented pursuant to those declarations. An additional important note is that the 1135 waivers will not be terminated and will remain in place so long as: (1) either the National Emergencies Act or Stafford Act declaration is in place; and (2) the Secretary’s PHE declaration is in place.

A CRS Report detailing these three emergency authorities is available here: https://crsreports.congress.gov/product/pdf/R/R46379 [crsreports.congress.gov].

 

Avoid Denial of Claims With Proper Documentation: New Education Series on the Medicare Hospice Certification Requirement

The top reason Medicare denies hospice claims centers on improper documentation, which is projected to result in $2.9 billion in improper payments. In this new series, we’ll share information, tips, videos, and continuing medical education trainings to help reduce claim denials. Starting with proper certification of terminal illness (CTI) is critical.

When is CTI needed?

For patients to receive hospice coverage under Medicare, providers must submit CTI documentation at these intervals:

• Benefit period 1: the first 90 days

• Benefit period 2: the next 90 days

• Benefit periods 3+: each subsequent 60-day period

What should be included in the CTI?

• Statement of terminal illness: simple statement that the patient’s life expectancy is 6 months or less (≤ 6) if the terminal illness runs its normal course

• Clinical findings that support terminal illness: specific clinical findings (e.g., patient diagnosis and prognosis, laboratory results, rapid decline in patient status) to support a life expectancy of ≤ 6 months

• Hospice benefit period(s): specific “from” and “through” dates (i.e., MM/DD/YY to MM/DD/YY) for each period of hospice care

• Narrative: synthesis of the patient’s individual clinical circumstances that support a life expectancy of ≤ 6 months and a statement attesting that the physician wrote the narrative based on their review of the patient’s medical record or an examination

• Physician signature and date: legible physician signature and date (e.g., Chris Smith MD, MM/DD/YY) directly below the narrative; if illegible, type or print the name below the signature.

• Face-to-face encounter and attestation: face-to-face visit by a hospice physician or hospice nurse practitioner

Click to review full ‘Physician Certification’ resource sheet.

 

Veterans Health Care Decisions

Well over 90% of Veterans say they want to age in place. Aging in place is “the ability to live in your own home and community while staying safe, independent and comfortable – no matter your age, income, or ability level.”

The Department of Veterans Affairs (VA) has resources for Veterans, their families, and caregivers to help you age in place. When you visit www.va.gov/Geriatrics you’ll find information about:

These resources provide more details and can guide decisions that reflect what matters most to Veterans and their loved ones:

To learn more about services and resources for Veterans and their caregivers, visit www.va.gov/Geriatrics.

 

The FTC Proposed Noncompete Rule and Its Impact on Home Care

Tuesday, April 11, 2023

If you have not yet registered, there is still time. Please join us for an engaging and practical discussion with Littler attorneys Joshua Vaughn, Sherry Travers, Alex Frondorf and Matt Swanger, who will explain the Federal Trade Commission's proposed rule that would ban noncompete provisions (as well as functional equivalents) and its impact (or lack thereof) on employers in the home care industry.

Speakers

Joshua C. Vaughn, Shareholder
Sherry L. Travers, Shareholder | Co-Chair, Healthcare Industry Group
Alex R. Frondorf, Shareholder
Matthew A. Swanger, Associate

Tuesday, April 11, 2023 (11:00 a.m. MT)

Register Now

 
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