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  NAHC Report: Issue# 2647, 4/20/2015
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NAHC Litigation Update
CMS to Reissue Change Request 9114 Pertaining to Attending Physician Designation
For Your Information: NAHC Offers Hospice “Survey Readiness” Educational Opportunity
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NAHC Litigation Update

The National Association for Home Care & Hospice (NAHC) is currently prosecuting two lawsuits in federal court on behalf of the home care community.  In one case, NAHC continues to challenge the Medicare rule that required physicians to compose a “narrative” following the physician’s face-to-face encounter with the home health patient.  While Medicare dropped the requirement following the filing of the lawsuit, NAHC continues to litigate the case as a potential remedy for the tens of thousands of claim denials already imposed in home health agencies and the risk of future claim audits.

In the second lawsuit, NAHC is challenging new US Department of Labor (DoL) rules that essentially eliminate any use of the “companionship services” and “live-in domestic services” exemptions from overtime pay under the Fair Labor Standards Act (FLSA).


NAHC v. Burwell:  This case is in the middle of briefing by the parties.  The Department of Justice, on behalf on the Medicare program, recently filed its Motion for Summary Judgment and supporting Memorandum.  NAHC’s cross-motion and brief are due on May 7.

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CMS to Reissue Change Request 9114 Pertaining to Attending Physician Designation
Forthcoming Reissuance a Result of Questions and Concerns Raised by NAHC and Industry

On Friday, April 17, the National Association for Home Care & Hospice received notification from staff at the Centers for Medicare & Medicaid Services (CMS) that, in response to the many concerns and questions that have been raised by NAHC and the industry about the requirement that hospices include the name and National Provider Identifier (NPI) number of the attending physician on the patient's election statement, CMS plans to reissue Change Request (CR) 9114.  As previously reported, NAHC expressed numerous concerns to CMS about the original language and sought clarification after it was released.

The effective result will be that CMS will change the language included in the manual regarding the designation of the attending physician from the previously issued language to revised language.

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NAHC Offers Hospice “Survey Readiness” Educational Opportunity
Registration Currently Available for April 22 Event

In October 2014, President Obama signed The IMPACT Act into law requiring that the Centers for Medicare & Medicaid Services (CMS), for the first time ever, ensure that each Medicare-certified hospice undergo a survey at least once every 36 months.  The requirement became effective in early April 2015, so CMS and state survey agencies have been gearing up to tackle the increased survey frequency.  However, some hospices have not had a state survey since before the revised Hospice Conditions of Participation (CoP) went into effect in late 2008.  Much may have changed since the last time a surveyor came on-site to assess the hospice’s adherence to the CoP. 

In anticipation of the greater frequency of surveys and need for hospices to prepare, the National Association for Home Care & Hospice (NAHC) is offering a 90-minute web event designed to help hospice agencies  ensure that they are survey-ready.  The session will review the CMS’ implementation plans for the IMPACT Act and walk through the hospice federal recertification survey process.  NAHC will review the steps the surveyor(s) will take and the reports, forms, and documents hospices should have on hand or have ready access to for each of these steps.  NAHC will also advise on how to handle concerns identified by the surveyor and how to manage the survey process and the surveyor(s).  For instance, what should a hospice be prepared to provide the surveyor during the entrance interview and how much time does the hospice have to supply the information to the surveyor.

The web event—titled “Hospice Survey Preparedness and Readiness”—will occur Wednesday, April 22, from 3:00 p.m. to 4:30 p.m. (Eastern).

NAHC President Val J. Halamandaris, JD, will moderate the web event.  The session will include panel presentations by hospice policy experts Katie Wehri, CHC, CHPC, Hospice Operations Expert, and Theresa Forster, Vice President for Hospice Policy & Programs at NAHC.

The registration fee for participation is $125 for members and $225 for non-members. No refunds are allowed after April 20, 2015. Until that date, a 25 percent administrative cancelation fee will be charged for all cancelations. Cancelation must be made in writing to

Regarding continuing education credits (CEUs), 1.5 CEUs will be applied for Nurses.

For those unable to participate and others interested, a recording will be available for purchase after the event.

If you have questions, please email or call 866.863.3903 to receive assistance from a NAHC representative.

Click here to register for the event.

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