In The News

The FTC Proposed Noncompete Rule and Its Impact on Home Care

Tuesday, April 11, 2023

If you have not yet registered, there is still time. Please join us for an engaging and practical discussion with Littler attorneys Joshua Vaughn, Sherry Travers, Alex Frondorf and Matt Swanger, who will explain the Federal Trade Commission's proposed rule that would ban noncompete provisions (as well as functional equivalents) and its impact (or lack thereof) on employers in the home care industry.

Speakers

Joshua C. Vaughn, Shareholder
Sherry L. Travers, Shareholder | Co-Chair, Healthcare Industry Group
Alex R. Frondorf, Shareholder
Matthew A. Swanger, Associate

Tuesday, April 11, 2023 (11:00 a.m. MT)

Register Now

 

Don't Miss This Webinar! The Value of Hospice: Better Care, Lower Cost

April 12, 2023 (11:00 a.m. – 12:00 p.m.) 

Join leaders from the country’s two leading hospice associations, the National Association for Home Care & Hospice (NAHC) and National Hospice & Palliative Care Organization (NHPCO) for a discussion of recent research on The Value of Hospice. The research shows that patients’ use of hospice care contributed to $3.5 billion in savings for Medicare in 2019, while providing multiple benefits to patients, families, and caregivers.

Learning Outcomes:

At the completion of this webinar, participants will be able to:

  • Understand and explain the research findings.
  • Understand and explain the importance of these findings for policy conversations.
  • Make recommendations for how a hospice can utilize the findings.

Register

 

Happy Direct Care Worker Appreciation Week, April 2nd - 8th!

Legislative Tribute: Tuesday, April 4th @ 9:00am

Gov. Polis recognizes direct care workers, legislative tribute set for April 4 
(DENVER, CO.) - 
In recognition of Colorado’s 60,000 direct care workers, Gov. Jared Polis declared April 2 to April 8, 2023 as direct care worker appreciation week. Direct care workers provide care and assistance with activities of daily living to more than 70,000 people who receive long-term services and supports in their homes, host homes, group homes, assisted living residences, and nursing homes. 

On April 4 at 9 a.m. Rep. Mary Young and Sen. Joann Ginal will pay tribute in the House and Senate chambers to the state’s direct care workforce, recognizing their contributions to Colorado’s health care system and celebrating their valuable work. 

These dedicated direct care workers have been responsible for providing physical, emotional, and behavioral health services during the extraordinarily challenging COVID-19 pandemic and Colorado’s most vulnerable citizens have greatly benefited over the years from the personal commitments that have been made by these exceptional direct care workers. 

In 2022, the State of Colorado made the single largest investment in direct care workers by establishing a base wage of $15 an hour for those taking care of individuals on Medicaid. However, despite this increase, 37 percent of direct care workers in Colorado are at or below 200% of the Federal Poverty Level ($55,000 annually for a family of four). According to PHI, most of Colorado’s direct care workers are women and 44 percent identify as non-white. 

Public Awareness Campaign Survey

To capitalize on the momentum of DCW Appreciation Week and ensure we celebrate Direct Care Workers throughout the year, your feedback is requested on a survey that will help inform the Public Awareness Campaign to take place later this summer! See the link below, and feel free to share it with anyone you think might be interested! 

Help us spread awareness about the Direct Care Workforce in Colorado! Take our survey to share your thoughts and experiences, which will inform an upcoming public awareness campaign for the Colorado Department of Health Care Policy & Financing (HCPF). The survey will close at 11:59pm MT on Monday, April 17th. https://www.surveymonkey.com/r/DCWPublicAwarenessCampaign  

 

HHS Updates 2024 Medicare Advantage Program and Part D Payment Policies

Updated Medicare Advantage and Part D policies ensure the overall Medicare program remains strong and stable for the 65 million beneficiaries today and future generations to come, payments to private insurance companies are accurate, and taxpayer dollars are well spent

Today, the U.S. Department of Health and Human Services (HHS), through the Centers for Medicare & Medicaid Services (CMS), released the Calendar Year (CY) 2024 Medicare Advantage (MA) and Part D Rate Announcement that finalized payment policies for these programs. The final policies in the Rate Announcement improve payment accuracy and ensure taxpayer dollars are well spent. CMS will phase-in certain updates, and on average, CMS anticipates a payment increase for MA plans of 3.32% from 2023 to 2024, which is approximately a $13.8 billion increase in MA payments for next year.

The Biden-Harris Administration is committed to protecting and strengthening Medicare, and delivering quality health care for Medicare beneficiaries today and in the future. Today’s payment rule will ensure that benefits remain strong and stable for beneficiaries and that payments are accurate and appropriate. The Administration is committed to holding health insurance companies that participate in the Medicare Advantage program accountable to America’s seniors.

“This year’s update strengthens Medicare for our seniors and Americans with disabilities,” said HHS Secretary Xavier Becerra. “We are committed to ensuring private companies are holding up their end of the deal to provide quality care to beneficiaries and that payments to these companies are accurate. Together with President Biden’s Budget, this update protects Medicare for beneficiaries today and beyond 2050.”

“Medicare should be providing equitable, high-quality affordable care that will be available for our children and grandchildren,” said CMS Administrator Chiquita Brooks-LaSure. “Paying Medicare Advantage plans more accurately for the care they provide is how we ensure that people enrolled in Medicare Advantage, especially populations with the highest health disparities and people in underserved communities, can continue to access the care they deserve.”

In addition to today’s final rule, the Biden-Harris Administration has taken action to make the Medicare program stronger and hold industry accountable. This year, it will start recovering improper payments made to insurance companies in Medicare Advantage. Recovering these improper payments and returning this money to the Medicare Trust Funds will protect the fiscal sustainability of Medicare and allow the program to better serve seniors and people with disabilities.

The Administration has also proposed policies to strengthen the MA managed care program that will hold health insurance companies to higher standards by:

  • cracking down on abusive and confusing marketing schemes;
  • addressing problematic prior authorization practices that prevent timely access to needed care;
  • making it easier to access vital behavioral health care; and
  • raising the bar on quality and driving toward more equitable care.

Taken together, these actions will make the overall Medicare program stronger.

“The commonsense policies in the Rate Announcement ensure these important programs continue to meet the health care needs of all people with Medicare while improving the quality and long-term stability of the Medicare program,” said CMS Deputy Administrator and Director of the Center for Medicare Meena Seshamani, MD, Ph.D.

The Rate Announcement finalizes updates to MA payment growth rates and changes to the MA and Part D payment methodologies. These include technical and clinical updates to the MA risk adjustment model to keep it up to date and improve payment accuracy. Two such changes are the transition to the Internal Classification of Diseases (ICD)-10 system, which is the coding classification system used throughout the U.S health care system since 2015, and updated data years.  Modernizing the Medicare Advantage risk adjustment model by aligning it with the ICD-10 system will ensure the payment models are using more up-to-date data – bringing Medicare Advantage payments in line with current health care practices and making them consistent with other federal health care programs. The finalized risk adjustment model also reflects revisions focused on conditions that are subject to more coding variation. As in past years, CMS is finalizing policies to address these inconsistencies in order to ensure the model more accurately predicts medical costs.

The changes in risk adjustment payment policies finalized as part of this Rate Announcement were developed in collaboration with expert clinicians to take into account how well different conditions predict costs. The policies finalized in this Rate Announcement will help make more accurate payments. This reduces incentives to cherry-pick healthy beneficiaries and discriminate against sicker patients. In addition, CMS will continue to pay more for someone who is dually eligible for Medicare and Medicaid than someone who is not when they have the same diagnoses.

In finalizing these proposed policies, CMS is making commonsense updates to ensure the MA program remains strong and viable. Consistent with prior practice, CMS will phase in both the technical revisions to the risk adjustment model and changes to the per capita cost calculations to better account for medical education costs over a period of three years.

View a fact sheet on the CY 2024 Medicare Advantage and Part D Rate Announcement.

The 2024 Rate Announcement can be viewed at https://www.cms.gov/Medicare/Health-Plans/MedicareAdvtgSpecRateStats/Announcements-and-Documents and selecting “2024 Announcement.”

 

'We Can't Compete' if Behavioral Cuts Continue, Home Health Providers Tell CMS

McKnight’s Home Care | By Diane Eastabrook
 
A routine Centers for Medicare & Medicaid Services webinar Wednesday with home health providers put the CMS on the hot seat over an upcoming behavioral adjustment for home health next year

During the virtual overview of the proposed home health final rule, agency owners and stakeholders excoriated CMS Home Health and Hospice Division Director Brian Slater over the 7.85% behavioral cut, which partially went into effect in the current year. They argued the second half of the cut should be shelved due to rising inflation and labor costs.

It doesn’t seem like the rate update addressed all the massive cost increases that have been occurring since 2021 and even in 2022,” Steven Landers, MD, president and CEO of Visiting Nurses Association Health Group, said during a question-and-answer session following the presentation. “For example the IRS mileage rate that we use to reimburse our clinicians — and home health clinicians drive tens of millions of miles a year — went up 12% from last year to this year. Labor costs for nurses and home health aides are up and in some places you can’t even find folks.”

In January, CMS implemented a 3.925% behavioral rate cut, a $635 million decrease, for calendar year 2023. The reduction represented half of the full permanent adjustment of -7.85%. Slater explained that an actuary estimates the costs of inputs that will help determine home health rates and CMS “adopts what number” the actuary puts forward. 

Partnership for Quality Home Healthcare CEO Joanne Cunningham urged CMS officials following the presentation to get more robust information about how rising inflation and staff shortages are affecting home health agencies. Cunningham told McKnight’s Home Care Daily Pulse staffing shortages due to rising labor costs are making it harder for hospitals to release patients to home health, driving up overall healthcare costs

"We are seeing a larger percentage of home health firms increasingly denying cases,” Cunningham said. “We are seeing an uptick each quarter of home health agencies that are not able to take those cases largely because of staff.”

The National Association for Home Care & Hospice weighed in on the webinar. It criticized CMS for failing to demonstrate how changes in provider behavior affected spending under the Patient-Driven Groupings Model (PDGM) and the calculation of revised payment rates for calendar year 2023.

“CMS must withhold any further rate cuts to avoid the flaws of PDGM combining with uncontrolled cost inflation to destroy access to one of the few Medicare benefits that brings savings to the Medicare program,” NAHC President William Dombi said in a statement.

Cunningham said imposing the additional cut would not be a “wise policy position” given constraints on home health agencies already. However, she was doubtful CMS will shelve the cut.

 
 
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