News & Analysis as of

Home Health Care

CMS to Use Enforcement Discretion to Help States Comply with the Medicaid Home Health Final Rule

by Arnall Golden Gregory LLP on

On April 5, 2018, the Centers for Medicare & Medicaid Services (CMS) issued an Informational Bulletin regarding compliance with the Medicaid Home Health Final Rule (the “Medicaid HH Final Rule”). The Medicaid HH Final Rule...more

Federal Telehealth Policies Summary

by Holland & Knight LLP on

On Feb. 9, 2018, Congress passed and President Donald Trump signed into law the Bipartisan Budget Act of 2018 (BBA). This wide-reaching legislation enacts major changes for telehealth policy in Medicare by incorporating...more

Fifth Circuit Grants Health Care Providers Medicare Appeals Backlog Remedy

by Polsinelli on

A recent ruling allows health care providers to seek relief from federal courts if the delay caused by the Medicare appeals backlog is likely to cause the provider irreparable injury....more

Fewer Home Care Providers, But More Assisted Living Programs: Long Term Care Reforms in 2018-19 New York State Budget

by Farrell Fritz, P.C. on

While much of the public attention this year on healthcare budget negotiations in New York State was drawn to the pharmaceutical and managed cre sectors, the Enacted Budget for 2018-19 also includes some very significant...more

Dentons shares analysis of 2018 Alberta Budget

by Dentons on

Budget 2018: a recovery built to last, was tabled in the Alberta legislature by Finance Minister Joe Ceci on Thursday, March 22, 2018. The government stated that its focus and basis of the plan was being framed around three...more

Attempted Monopolization Suit Based on Alleged Referral Steering Moves Forward with Court’s Acceptance as Plausible of a...

by Mintz Levin on

A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more

Healthcare Fraud & Abuse Review 2017

by Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Certainty is on the Horizon for the New York Home Care Industry

by Littler on

The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...more

Live-In Issue is Headed to the Court of Appeals

by Hodgson Russ LLP on

After years of uncertainty concerning the compensation of aides who work shifts of 24 hours or more (commonly referred to as “live-in aides”), the case that started it all — Andryeyeva v. New York Health Care, Inc. — will be...more

New Law Mandates Creation of a National Plan to Support Caregivers

On January 22, 2018, President Trump signed a new bill into law aimed at addressing the challenges that the nation’s millions of family caregivers face....more

Expanded coverage of telehealth

by Hogan Lovells on

The recently enacted Bipartisan Budget Act of 2018 expands Medicare’s coverage for telehealth services in several ways. Inclusion of these provisions, which had been part of a Senate bill called the CHRONIC Care Act, is...more

The Trump Administration Proposes a Budget Increase to Fight Healthcare Fraud

by Dickinson Wright on

The Trump administration proposed a budget increase of 19 million to aid in the fight against health care fraud. This showcases the continued (and heightened) importance of anti-fraud programs, especially compared to the...more

Home Health Care Patients With Chronic Conditions Are Having Trouble Getting Medicare

Medicare is supposed to provide up to 35 hours a week of home care to those who qualify, but many Medicare patients with chronic conditions are being wrongly denied such care, according to Kaiser Health News. For a variety of...more

Under The Dome: Inside The Maine State House

by Pierce Atwood LLP on

Petition Submitted for Citizen Initiative to Add New Tax to Fund Homecare Services - On January 26, the Maine People's Alliance (MPA) submitted a petition to the Secretary of State's office that, if certified, would put a...more

Ten Things To Know About Maryland’s Proposed Telehealth Rules

by Foley & Lardner LLP on

The Maryland Board of Physicians evaluated, then tabled for further consideration, a set of new telehealth rules designed to expand the opportunities for hospitals and providers to deliver virtual care services in Baltimore...more

Emergency Regulation Concerning Live-In Cases Lives On

by Hodgson Russ LLP on

Yesterday, the Industrial Board of Appeals dismissed a challenge brought by the Chinese Staff and Workers Association and other worker advocacy groups (collectively, the “Petitioner”) against the Commissioner of the New York...more

Day 4 Notes on the 2018 JP Morgan Healthcare Conference

San Francisco (January 11, 2018) – The final day of the 2018 JP Morgan Healthcare Conference gave us food for thought about the topic of healthcare navigation, as well as updates on the home health sector. Post-acute has...more

Notes on Day 2 of the JP Morgan Healthcare Conference

San Francisco (Tuesday, January 9, 2018): Day 2 of the 2018 JP Morgan Healthcare Conference provided concrete examples of the trends that have been discussed in recent years – the impact of shifting healthcare delivery...more

Hospice compliance: OIG Work Plan, Quality reporting

by Bricker & Eckler LLP on

Hospices may wish to align their 2018 compliance initiatives with the Office of Inspector General (OIG) Work Plan. The OIG Work Plan sets forth various projects including audits and evaluations that are underway or planned to...more

Another Federal Court Holds Home Health Aides in NY are NOT Necessarily Entitled to Pay for Every Hour of a 24-Hour Shift, but...

by Littler on

A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's (DOL) "home care" overtime rule and New York's "13-hour" rule regarding compensable work hours for...more

Influenza Season and Related Obligations to Commence

by Hodgson Russ LLP on

Effective December 13, 2017, New York State Department of Health Commissioner Dr. Howard Zucker has declared influenza to be prevalent in New York State for the 2017-18 influenza season. ...more

Workers’ Advocacy Group Seeks to Invalidate Emergency Regulation Relating to Live-In Aides

by Hodgson Russ LLP on

The Urban Justice Center, a not-for-profit advocacy group, has filed a petition with the New York State Industrial Board of Appeals, seeking to invalidate the Department of Labor’s emergency regulation regarding live-in...more

What Caregivers Can Do to Create a Dependable Bedtime Routine

Adequate sleep is essential to good health. Unfortunately, sleep can be difficult for elderly people and their caretakers, particularly among elderly people who are disabled. Physical pain, emotional stress, or challenging...more

CMS Plans To Eliminate Home Health Agency Subunits in 2018

by Arnall Golden Gregory LLP on

On November 17, 2017, the Centers for Medicare and Medicaid Services (CMS) issued a Memorandum to State Survey Agency Directors outlining the process by which Medicare will eliminate existing Home Health Agency (HHA)...more

Court of Appeals Denies Motion for Leave to Appeal in a Live-In Case

by Hodgson Russ LLP on

On November 21, 2017, the New York Court of Appeals denied an application filed by Human Care LLC seeking leave to appeal the First Department’s April 11, 2017 decision that held that “live-in” aides must be paid for all 24...more

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