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  NAHC Report: Issue# 2799, 12/3/2015
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Supreme Court Appeal on Overtime Lawsuit Moves Forward: NAHC Calls for Medicaid Information to Assist in Appeal
CMS Expands Detail on Home Health, Hospice Denial Reason Codes
For Your Information: 2016 Private Duty Home Care Conference
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Supreme Court Appeal on Overtime Lawsuit Moves Forward: NAHC Calls for Medicaid Information to Assist in Appeal

The Petition for Writ of Certiorari in the National Association for Home Care & Hospice (NAHC) challenge to the validity of the U.S. Department of Labor (DoL) rules governing overtime compensation under the “companionship services” and “live-in domestic services” exemptions under the Fair labor Standards Act (FLSA) has been docketed at the Supreme Court. The formal docketing of the appeal starts the clock for the filing of briefs by DoL and any amicus curiae (“friends of the court”) supporters of the parties.

The deadline for the DoL response to the Petition is December 24, 2015. However, it is expected that DoL will seek permission from the Court to delay its response for 30 days. That is fairly much a “standard operating procedure” for federal agencies and their counsel, the U.S. Department of Justice.

Amicus briefs supporting NAHC’s position are also due on December 24. Presently, NAHC has commitments from several disability advocacy groups and a coalition of state Medicaid programs. These inputs are very important to the case in helping to establish the public importance of the issues presented that warrant Supreme Court review. Given that the Court only accepts a handful of cases each year for consideration on the merits, amicus play a crucial role in advising the Court on which cases to take.

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CMS Expands Detail on Home Health, Hospice Denial Reason Codes

The Centers for Medicare & Medicaid Services (CMS) has issued to the Medicare Administrative Contractors (MACs) an updated list containing more than 80 detailed denial reason code statements for use with home health and hospice providers and, effective on December 1, 2015, the MACs will begin to use these codes.

While the list is not yet available on the MAC websites, reason code narratives may be viewed in the Fiscal Intermediary Standard System (FISS) by accessing the Inquiry Menu and selecting Option 17 – Reason Codes, or by pressing F1 from a claim page. An alert on the updated list was first issued by CGS.

As additional information becomes available, it will be published in future issues of NAHC Report.

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