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NAHC Report: Issue# 2485, 8/8/2014
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NAHC Shares its Outline of Draft Comments on the Medicare Proposed Home Health Rule
Beneficiary Sues Pennsylvania Over Loss of HCBS Services
For Your Information: NAHC Hosting a Free Hospice Teleconference on CMS’ Final Hospice Payment Regulations on August 13 at 1:00pm EST
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NAHC Shares its Outline of Draft Comments on the Medicare Proposed Home Health Rule

NAHC recently shared its draft comments on CMS' proposed home health Medicare rule as a means to help guide other organizations in what NAHC sees as the most crucial issues, to seek additional input into the shape and scope of the comments, and as a basis for comments that will eventually be submitted to CMS.

The deadline to submit comments is September 2, 2014.

Below, NAHC's draft comments are reprinted in their entirety.

The Notice of Proposed Rulemaking (NPRM) issued by the Centers for Medicare and Medicaid Services on July 7, 2014 includes a rule change proposals affecting a wide variety of home health regulations. While the NPRM predominately focuses on the 2015 payment rates, it also proposes rule changes or opens a dialogue on the:

  • physician face-to-face encounter requirements
  • professional therapy assessment standards
  • OASIS submissions
  • Value-Based Purchasing
  • Insulin injection criteria
  • Certification/recertification clarifications

The following is an outline of the direction NAHC is taking in its formal comments on the NPRM.

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Beneficiary Sues Pennsylvania Over Loss of HCBS Services

In Smith v. Department of Public Welfare of the Commonwealth of Pennsylvania, a Plaintiff filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania on behalf of herself as well as other “similarly situated persons” against the state for not providing them with community-based attendant care services in the Act 150 Program. The United States Department of Justice (DOJ) filed a statement of interest in the case on June 12. On June 30, the Department of Public Welfare (DPW) filed a response to that statement.

This case continues to be litigated.


According to the Statement of Interest, the physically disabled in Pennsylvania needing assistance in the home with activities of daily living can receive services through one of two funding sources. They can receive services through the federal and state funded Attendant Care Waiver based on clinical and financial eligibility, or through the state funded Act 150 program based on clinical eligibility.

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NAHC Hosting a Free Hospice Teleconference on CMS’ Final Hospice Payment Regulations on August 13 at 1:00pm EST
First 300 registrants will be able to participate

The National Association for Home Care & Hospice and the Hospice Association of America invite you to a FREE Hospice Teleconference on CMS’ Final Hospice Payment Regulations titled "What Do the CMS’ Final Hospice Payment Regulations for FY 2015 and Revised Hospice/Part D Guidance Mean to You?"

On May 2, CMS issued proposed regulations to govern hospice payment for Fiscal Year (FY) 2015; these proposed regulations included numerous policy changes that would affect hospice organizations. It is anticipated that CMS will issue final rules at any time and this teleconference provides an opportunity for hospice stakeholders to learn CMS’ final decisions on these pending policy changes. Additionally, on July 18, in response to significant pressure from hospice organizations, beneficiary advocates, and Medicare Part D plans, CMS issued revised guidance related to its prior authorization policy for processing of drug coverage under Part D for hospice patients. This teleconference will cover key issues related to CMS’ revised guidance.

Faculty will include: Val J. Halamandaris, NAHC President; Theresa M. Forster, NAHC Vice President for Hospice Policy & Programs and Katie Wehri, Hospice Operations.

Date: Wednesday, August 13, 2014 at 1:00 p.m. Eastern
To Register: Please send an email to Cheryl Lee ( ). The first 300 to email will participate. NAHC members will be given priority.

The call-in number is 1-888-637-7740; the conference code will be emailed prior to the call.

Questions: We encourage advance submission of questions from participants or submission while the teleconference is live on the date of the broadcast. Should your question(s) not be addressed in the call due to time constraints, we will highlight in NAHC Report. Please send questions to Barbara Woolley, at

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