Articles and Blogs

On February 12, CMS hosted an Open Door Forum on the upcoming changes to the Nursing Home Compare Five-Star rating system.  These changes will be effective on February 20th.  Nursing facilities will be able to privately view their revised ratings by mid-morning on Friday, February 13, via their MDS portal login. The updated scoring system may... READ MORE

On January 20, 2015, the Food and Drug Administration (the “FDA” or “Agency”) published two draft guidance documents designed to fulfill promises it made in the multi-agency Food and Drug Administration Safety and Innovation Act (“FDASIA”) Health IT report. The first draft guidance is intended to promote the innovation of general wellness devices and... READ MORE

In November 2014, the ECRI Institute¹ issued a report discussing issues of patient safety and adverse events linked to health information technology (“IT”) products. The report comes in the form of an annual list of top ten health technology safety hazards. According to the ECRI Institute, although many facets of health IT have a... READ MORE

On October 30, 2014, CMS issued its pre-released copy of the Final CY 2015 Home Health Prospective Payment System Rule (“Final Rule”). The Final Rule adopts many of the proposals found in the proposed regulations that were published by CMS earlier this year (“Proposed Rules”). Notably, the Final Rule also contains CMS’s responses to... READ MORE

Senate Enrolled Act 554 from the 2013 legislative session set the stage for an upcoming change in Medicaid policy that will provide reimbursement for certain telehealth services provided by Home Health Agencies (“HHAs”).  The Indiana Health Coverage Programs (“IHCP”) released Bulletin BT201454 earlier this week outlining the policy change that will cover an HHA’s remote monitoring of data... READ MORE

In the October 9, 2014 Federal Register, the Department of Labor (“DOL”) indicated it will delay enforcement of the Companion Services Rule (“Rule”) until June 30, 2015 (the “Notice”). The DOL suggests this delayed enforcement is meant to assist the provider community with implementing changes in the Rule. In its commentary, the DOL suggests... READ MORE

On October 8, 2014, CMS announced two initiatives with the objective of improving the quality of post-acute care.  Important to home health providers, CMS released a proposed rule that would revise the conditions of participation (“proposed COPs”) that regulate home health agencies. READ MORE

On August 25, 2014, CMS issued a survey transmittal regarding the need for nursing homes to complete a discharge assessment when a resident transfers from a SNF and/or NF certified bed to a non-certified bed in the same facility.  CMS issued this transmittal to reinforce to facilities that discharge assessments are critical to ensure the... READ MORE

At a recent roundtable, the Senate Special Committee on Aging criticized the Medicare claims review process, suggesting it unfairly burdened providers and failed to improve program integrity. The senators blamed the current payment system for the auditors and suggested moving from an arrangement that currently incentivizes recovery of overpayments to one that incentivizes reducing... READ MORE

On May 16, 2014, CMS issued a Survey and Certification Transmittal (“Transmittal”) to the state survey agency directors providing infomation on how Medicare and Medicaid certifed long-term care facilities may obtain an extension of time for the installation of automatic sprinkler sytems.  The Transmittal sets forth the procedures on how a nursing home may seek an... READ MORE