Skip to Main Content
National Association for Home Care & Hospice
Twitter Facebook Pintrest
A A A
Print
:: NAHC Report
 
  NAHC Report: Issue# 2783, 11/3/2015
Follow us on: 
ARTICLE ARCHIVES MEMBER RESOURCES eNEWSLETTERS CARING STORE
Federal Court Rules In Favor of Medicare While Restricting Scope of F2F Narrative: Federal Court Decision Could Limit Medicare Power to Deny Claims Based on F2F Narrative Content
Recent Updates to CAHPS Hospice Survey Information
For Your Information: 2016 Private Duty Home Care Conference
Email Center

 

Manage Your Account Contact the Editor Ensure Delivery Advertise in NAHC Report

Federal Court Rules In Favor of Medicare While Restricting Scope of F2F Narrative: Federal Court Decision Could Limit Medicare Power to Deny Claims Based on F2F Narrative Content

U.s District Judge Christopher R. Cooper issued his decision today in the lawsuit brought by the National Association for Home Care & Hospice (NAHC) challenging the validity of the Medicare rule that a physician provide a narrative to document the face-to-face encounter with the patient. Judge Cooper ruled against NAHC and granted “Summary Judgment” to the U.S. Department of Health and Human Services. In his ruling, Judge Cooper found that the face-to-face law enacted by Congress was ambiguous and did not foreclose the interpretation of the word “document” that the Centers for Medicare and Medicaid Services (CMS) established in its regulations.

Under the standards for determining whether a federal agency regulation violates the congressionally-enacted law, the court first determines whether the plain language of the statute forecloses the specific regulatory interpretation. If the language of that law is at all ambiguous, the regulation is considered valid unless the interpretation is unreasonable, arbitrary, or capricious. NAHC argued that the statute limited the physician documentation to the date that the encounter occurred. The court concluded that the word “document” in the statute was ambiguous as it could include both the date of the encounter and a narrative of what the physician found during the encounter.

NAHC also argued that if the court found the statute to be ambiguous that Medicare’s interpretation was not reasonable as it led to such absurd results as claims denied based on the sufficiency of the narrative alone when the whole record of the patient supported Medicare coverage. The Court held that the narrative requirement was not unreasonable, arbitrary or capricious as it is a “reasonable way to verify that an appropriate encounter actually took place.”

:: Read Full Article

Recent Updates to CAHPS Hospice Survey Information

The following items were recently posted to the CAHPS Hospice Survey WHAT’S NEW webpage:

REMINDER: CAHPS Hospice Survey Quality Assurance Plans Submission Deadline Approaching.  As noted during the September 30, 2015 CAHPS Hospice Survey Training session, the deadline for survey vendors to submit their CAHPS Hospice Survey Quality Assurance Plan (QAP) is November 3, 2015. Survey vendors are responsible for meeting this deadline as a condition of approval. As a reminder, the Model QAP document is located in Appendix H of the CAHPS Hospice Survey Quality Assurance Guidelines V2.0.

:: Read Full Article

2016 Private Duty Home Care Conference

At the Private Duty Home Care Conference, you’ll participate in education sessions on marketing and operations tactics, financial acuity, staff recruitment and retention, and more. You’ll hear from leaders and experts at lectures, roundtables, panel discussions, and more. You’ll learn from success stories and pioneering strategies with statistical analysis, data-driven forecasting, improvement studies, and more. Our conference faculty will guide you through legal and regulatory changes. We value what Private Duty brings to the industry and we support your business achievements.

The Private Duty Home Care Conference will feature one-and-half days of speakers, education sessions, and networking opportunities in charming Charleston, South Carolina where you’ll enjoy special rates at the Doubletree Hotel in the heart of the Market District. Reserve your room now to take advantage of our special low rate of $159 while rooms are still available.

This conference is where you can get real solutions to real issues. So, together we can make real progress.

Click Here for More Information!

 

©  National Association for Home Care & Hospice. All Rights Reserved.