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CMS Allows Extension of Some PHE HCBS Flexibilities

The Centers for Medicare & Medicaid Services (CMS) has released updated guidance to extend COVID-19 public health emergency (PHE) flexibilities approved in the states’ section 1915(c) home- and community-based services (HCBS) waiver Appendix K amendments.

These flexibilities were originally set to expire six months after the expiration of the PHE. But CMS has determined that … Read More >>>

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CMS Guidance on Unannounced Surveys

On June 19, 2023, CMS sent out updated guidance to Accreditation Organizations (AOs) regarding unannounced surveys, blackout dates, and the complaint process. If not already in place, these changes to the AOs processes must be implemented by July 14, 2023:

“In accordance with both §488.5(a)(4)(i), which requires unannounced surveys, as well as our long-standing instructions in Chapter 2 … Read More >>>

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Electronic Visit Verification: What Personal Care Services and Home Health Care Services Providers Need to Know

Back in April 2022, the HHS Office of the Inspector General (OIG) issued an OIG Work Plan update stating that the Centers for Medicare and Medicaid Services (CMS) will undertake an audit into how states implement their electronic visit verification (EVV) systems for Medicaid personal care services (PCS) and home health care services (HHCS).

The … Read More >>>

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Can you hear me now? Audiologists and new rules for diagnostic testing

Did you hear the recent “noise” about hearing care coverage?

On June 15, the Centers for Medicare & Medicaid Services released an updated transmittal entitled “Allowing Audiologists to Furnish Certain Diagnostic Tests Without a Physician Order.” This change, effective July 1, 2023, will allow beneficiaries, once every 12 months, to receive care for … Read More >>>

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‘The Biggest Risk’: Inside the Litigation Pitfalls for SNF Operators Employing 1099 Workers

During the pandemic, many skilled nursing facilities (SNFs) turned to staffing agencies to bring in 1099 workers (independent contractors) for clinical positions. Since then, many nursing homes have resorted to using independent contractors in less-skilled areas, too. According to the Bureau of Labor Statistics, 1099 workers amount to almost 25% of the workforce.

But do … Read More >>>

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Power seat elevation on power wheelchairs now covered as DME in ‘landmark’ CMS decision

In a recent decision, the Centers for Medicare & Medicaid Services (CMS) will now cover power seat elevation as durable medical equipment through the Medicare program.

“Effective immediately, seat elevation for Medicare-covered power wheelchairs is considered a clinically meaningful benefit for Medicare beneficiaries who perform transfers from power wheelchairs or use the wheelchairs for mobility-related … Read More >>>

Post-PHE Hospice Regulation: Preparing for the Reinstated Volunteer Requirement

With the COVID-19 public health emergency (PHE) ending, it’s time to gear up to return to the volunteer requirements that were waived in 2020. Among the flexibilities previously issued by the U.S. Centers for Medicaid & Medicaid Services (CMS), during the PHE, was the temporary lifting of the requirement that volunteers provide at least 5% … Read More >>>

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White House Order Aims to Tie Nursing Home Medicare Payments to Worker Retention

On April 18, 2023, President Biden announced “the most sweeping set of executive actions to improve care in history.” According to the White House fact sheet, the new executive order will instruct the Department of Health and Human Services (HHS) to “build on the minimum staffing standards for nursing homes and condition a portion of … Read More >>>

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CMS Revisions Impact Survey Record Review Requirements

The Centers for Medicare & Medicaid Services (CMS) recently released revisions to Hospice-Appendix M of the State Operations Manual.

The biggest changes for hospices impact “the number of required sample medical record reviews, closed record reviews, and home visits” when undergoing your survey for Accreditation Commission for Health Care (ACHC) Hospice Accreditation. These … Read More >>>

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Artificial Intelligence leading to more nursing home coverage denials

According to a new investigative report, Artificial Intelligence is partially to blame for increasing Medicare Advantage denials, especially among beneficiaries in need of skilled nursing care.

The investigation details, recently published by STAT News, accused insurers of using “unregulated predictive algorithms, under the guise of scientific rigor, to pinpoint the precise moment when they can … Read More >>>