In The News

Temporary Administrative Approvals for PDN PARs Through Dec. 31, 2022

This message is for members who receive Private Duty Nursing (PDN) benefits, and their families. The Department heard concerns regarding the PDN Prior Authorization Request (PAR) process. Our shared goal is to ensure Colorado has programs that provide people with access to the services they need, which is especially important for those with complex healthcare needs. We continuously evaluate how to best balance our responsibility to ensure our members have timely access to care and our federal responsibility to demonstrate all authorized services are medically necessary at the level approved. We take your feedback seriously.

We are reaching out to you to let you know the Department is initiating a Temporary Administrative Approval Process (through Dec. 31, 2022) on all PDN PARs. This means that if you received a full or partial denial for Private Duty Nursing services it will be approved as requested until Dec. 31, 2022. Any new PARs will also be approved through Dec. 31, 2022. This will give us time to work with your providers so they can submit all the needed documentation to ensure the right level of care is approved in a timely manner. You do not need to take any action; however, during this time your provider will be required to submit PARs and all supporting documentation. Your provider may reach out to you for additional information or documentation from your physician. We will be sending formal notices with this information over the coming weeks.

We also heard feedback that our notices can be confusing. In response, we will be working to improve those notices over the coming months. We will also be working on additional educational materials to help you understand what to expect in the prior authorization process, your appeal rights, the option to continue services during an appeal, and what benefits may be available.

This Temporary Administrative Approval process will allow us time to conduct outreach to families, work with our providers to ensure they understand prior authorization, documentation, as well as continuation of benefits requirements, and update our notices to ensure greater clarity.
If you have questions about the PDN benefit or the prior authorization process, you may reach out to the Department at [email protected].

 

Medicaid Denials for Colorado Children with Severe Disabilities Set Off “Sheer Panic” Among Parents 

The Colorado Sun | By Jennifer Brown

Parents of children with medical needs so severe they need round-the-clock nursing care at home are in “sheer panic” as the state Medicaid program notified them this fall that their services have been denied or reduced. 

At least 20 families have hired legal counsel to fight the denials and about 150 people attended a Medicaid children with disabilities meeting to discuss the denial letters, which were received during the past few weeks. 

Two days before a planned family news conference at the state Capitol, officials from the state Medicaid division Wednesday offered a temporary fix. The Colorado Department of Health Care Policy and Financing — which includes the Medicaid program for people with low incomes or disabilities — announced a 60-day reprieve on pending denials. 

But for families, it’s not enough. They want a permanent solution to an injustice they say the state should have fixed months ago. 

Family has 7 medically fragile children

Several parents gave emotional testimony this month during a medical services board meeting, a governor-appointed, rule-making group for the state department. Board members, after hearing parents speak, strongly urged the department to remedy the issue immediately. 

Katerina and Brad Evers, both nurses, have seven adopted children, all with severe medical needs — feeding tubes, oxygen machines, wheelchairs and 150 prescription medicines among them. The kids, ages 2-16, were all living at Children’s Hospital Colorado with no family capable of taking care of them. 

All have had 24/7 nursing services approved by Medicaid, a requirement of the hospital when each was discharged. But in the past few weeks, the Everses were notified that three of the children’s Medicaid services were cut in half, to 10 or 12 hours per day. They are expecting a similar reduction in services for two other kids with similar medical issues. 

“We are scared to death No. 1 because we don’t know what is going to happen to these children,” Brad Evers told the medical services board. “This is barbaric. This can’t happen this way. They were in the hospital and they didn’t have a mom or a dad.

“They were born broken, and now you are going to break them more because you want to stop some services? They get to call somebody a mom and a dad, and you want to cut hours?”

The family is able to function because the kids’ Medicaid services have paid four daytime nurses and Katerina and Brad to care for them at night, Katerina told The Colorado Sun. The children go to various schools, and some need a nurse with them at school all day. Katerina and Brad try to sleep some during the day, but also take children to doctor’s appointments. 

Read Full Article 

 

Fixing the ‘Toxic’ Home Health-Medicare Advantage Relationship

Home Health Care News | By Andrew Donlan

The home health industry’s battle with Medicare Advantage (MA) plans for fair rates has gone from a few stakeholders saying “the quiet part out loud” earlier this year to nearly every major provider in the country talking about the issue with regularity.

My colleagues and I have covered the topic extensively. But we’ve moved beyond the question of how providers feel about MA rates for home health and moved onto the next: How can the problem be solved?

Taking a step back, here are a few of the certainties we know:

  • All signs point to MA being the dominant insurer type among Medicare beneficiaries by the end of the decade.
  • MA pays far lower rates for home health services compared to fee for service (FFS). Encompass Health Corporation (NYSE: EHC) said this week that MA rates are at a 40% “discount” compared to FFS. Intrepid USA Healthcare Services confirmed that number was about in line with its experience – and even suggested the rates were sometimes lower than that.
  • Two companies with significant market share in MA – Humana Inc. (NYSE: HUM) and UnitedHealth Group (NYSE: UNH) – have already – or are in the process of – acquiring two of the largest home health providers in the country in Kindred at Home and LHC Group Inc. (Nasdaq: LHCG), respectively.
  • Some have described MA as the federal government’s “darling.” But the Office of Inspector General (OIG) recently published a report condemning MA organizations for limiting beneficiaries’ access to necessary care and denying payments to providers for services that are covered under Medicare and MA billing rules.

“It’s been a challenge because, not only is the rate lower, but the processing of the claims is 6 to 8 times harder for your back office revenue cycle,” Intrepid USA CEO John Kunysz told me. “They just put in so many hurdles.”

Based in Texas, Intrepid USA providers home health and hospice services, with over 60 locations spanning across 17 states.

In this week’s exclusive, members-only HHCN+ Update, I explore the tumultuous relationship between the home health industry and MA, and also try to highlight some potential solutions for the road ahead.

 

Notice of Proposed Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act, RIN 1235-AA43

On October 13, 2022, the U.S. Department of Labor published a Notice of Proposed Rulemaking (NPRM) to revise the Department’s guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The NPRM proposes to rescind a prior rule, Independent Contractor Status Under the Fair Labor Standards Act (2021 IC Rule),  that was published on January 7, 2021 and replace it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent. The Department believes that its proposed rule would reduce the risk that employees are misclassified as independent contractors, while providing added certainty for businesses that engage (or wish to engage) with individuals who are in business for themselves.

 

The initial deadline for interested parties to submit comments on the NPRM was November 28, 2022. On October 26, 2022, the Department published a notice in the Federal Register, extending the deadline to submit comments by 15 days. The Department encourages interested parties to submit comments on this proposal by December 13, 2022 (the new deadline). The full text of the NPRM, as well as information on the deadline for submitting comments and the procedures for submitting comments, can be found at Federalregister.gov. The NPRM’s comment period closes at 11:59 p.m. ET on December 13, 2022.

Anyone who submits a comment (including duplicate comments) should understand and expect that the comment, including any personal information provided, will become a matter of public record and will be posted without change to www.regulations.gov. The Wage and Hour Division posts comments gathered and submitted by a third-party organization as a group under a single document ID number on www.regulations.gov, including any personal information provided.

 

Revised Guidance for Staff Vaccination Requirements

The Centers for Medicare & Medicaid Services (CMS) released QSO-23-02-ALLRevised Guidance for Staff Vaccination Requirements. CMS is revising its guidance and survey procedures for all provider types related to assessing and maintaining compliance with the staff vaccination regulatory requirements.

To learn more and view the memo, visit the Policy & Memos to States and Regions website

 
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