United States: CMS Proposes Update To 2015 Home Health Prospective Payment System For Comment

The Centers for Medicare & Medicaid Services (CMS) published its proposed update of the Medicare home health prospective payment system (HH PPS) rates for calendar year (CY) 2015 in the July 7, 2014 Federal Register.  In addition to the annual update to the 60-day national episode rates and the national per-visit rates, the proposal includes important updates and proposals affecting HH PPS.  Comments on the proposed rule are due by 5:00 pm on September 2, 2014.

Proposed CY2015 HH PPS Rule

Medicare pays home health agencies through a prospective payment system for Medicare beneficiaries who are under the care of a physician; who have an intermittent need for skilled nursing care; or who need physical therapy, speech-language pathology (SLP) or continue to need occupational therapy.  To qualify for the benefit, the beneficiary must be homebound and receive home health services from a Medicare certified home health agency (HHA).  Payment is made on a national, standardized 60-day episode payment rate, national per-visit rates and the non-routine medical supply (NRS) conversion factor required under the Affordable Care Act (ACA).  Payment rates are based upon data from regularly conducted patient assessments by HHA clinicians required of each HHA.

In the July 7, 2014 Federal Register, CMS published its proposed regulatory update to the HH PPS payment rates and wage index for CY 2015.  As required by the ACA, the rule implements the second year of the four-year phase-in of the rebasing adjustments.  After phasing in rebasing and other rate adjustments, CMS estimates payments to home health agencies will decrease by approximately 0.30 percent, or $58 million in CY 2015.  CMS also proposes changes that it believes will simplify the physician face-to-face encounter requirements, update the HH PPS case-mix weights and revise the home health quality reporting program requirements.  In addition, CMS responds to industry concerns about the complexity of administering the therapy reassessment timeframes by a proposal to simplify them, revise the SLP personnel qualifications and limit the reviewability of the civil monetary penalty provisions.  The proposed rule also discusses Medicare coverage of insulin injections under the HH PPS, the delay in the implementation of ICD-10-CM and solicits comments on a home health agency value-based purchasing (HHA VBP) model.

Some highlights of the proposed rule, including ones that CMS has specifically flagged for comment, follow.

The Evolving Face-to-Face Requirements—A Partial Concession

The Medicare face-to-face encounter requirements have been controversial.  For example, earlier this year, the National Association for Home Care & Hospice (NAHC) filed a lawsuit against the U.S. Department of Health and Human Services challenging the agency's face-to-face rule, including a physician narrative requirement.  By way of background, the Medicare face-to-face encounter rule requires that, prior to certifying a patient's eligibility for the Medicare home health benefit, the certifying physician must document that he or she, or a permitted non-physician provider (NPP), had a face-to-face encounter with the patient.  The face-to-face encounter rule is the subject of continuing home health industry concerns.  According to CMS, the requirement was enacted, in part, to discourage physicians certifying patient eligibility for the home health benefit from relying solely on information provided by the HHAs when making eligibility determinations.  Currently, the regulations require the encounter to occur within 90 days before care begins or up to 30 days after care began.  Documentation of the encounter must include a narrative to explain why the clinical findings of the encounter support that the patient is homebound and in need of skilled services.  The certifying physician is responsible for determining whether the patient meets the eligibility criteria (homebound and skilled care need) and understanding the clinical needs of the patient so that the physician can establish an effective plan of care.

There is industry frustration with having to rely on the physician to satisfy the face-to-face encounter documentation requirement without incentives to encourage physician compliance and lack of established and understandable standards regarding the "extensive and redundant" physician narrative requirement.  The industry position voiced is that detailed evidence to support the physician certification is available in clinical records.  In responding to industry concerns, CMS is proposing, first, to eliminate the current narrative requirement.  The certifying physician would still be required to certify that a face-to-face patient encounter occurred and document the date of the encounter as part of the certification of eligibility.  Notwithstanding the proposed elimination of the narrative requirement, where the physician is ordering skilled nursing visits for management and evaluation of the patient's care plan, CMS is still requiring that the physician include a brief narrative that describes the clinical justification of this need as part of the certification/recertification of patient eligibility.

Second, for medical review purposes, CMS is proposing to only consider medical records from the patient's certifying physician or discharging facility in determining initial eligibility for the Medicare home health benefit.  If the patient's medical record used in certifying eligibility was not sufficient to demonstrate that the patient was eligible to receive services under the home health benefit, payment would not be made for the home health services provided.

Third, CMS is proposing that the physician claim for certification/recertification of eligibility for home health services (not the face-to-face encounter visit) be considered a non-covered service if the HHA claim was non-covered because the patient was ineligible for the home health benefit.  Reflecting CMS' reliance upon what it calls "sub-regulatory guidance," this proposal would be implemented through such guidance in the future.

Ultimately, CMS' partial concession in the HH PPS is a step in the right direction for the home health community.  However, we encourage interested stakeholders to engage with the agency through this proposed rulemaking process so as to ensure that program integrity considerations do not jeopardize access to (or place an undue burden on) an appropriate clinical option for certain Medicare beneficiaries.

Home Health Quality Reporting Program and Payment Reductions

CMS proposes to implement its highly technical pay-for-reporting performance requirement beginning with all HHA episodes of care occurring on or after July 1, 2015.  HHA conditions of participation require comprehensive assessments, including the administration of Outcome and Assessment Information Set (OASIS ) as a condition of participation for a HHA in Medicare.  Failure to submit sufficient OASIS data to allow calculation of quality measures, including transfer and discharge assessments, is failure to comply with the Medicare conditions of participation.

CMS seeks to develop quality measures that will promote more efficient and safer care and is taking into account input from the Measure Applications Partnership, among other resources.  For episodes beginning on or after July 1, 2015, an HHA must score at least 70 percent on the Quality Assessments Only (QAO) metric of pay-for-reporting performance or be subject to a 2 percent reduction to the HHA's market basket update for CY 2017.  For episodes beginning on or after July 1, 2016, and before June 30, 2017, an HHA must score at least 80 percent on the QAO metric of pay-for-reporting performance or be subject to a 2 percent reduction to the HHA's market update for CY 2018.  In the following pay-for-reporting period (episodes beginning on or after July 1, 2017, and before June 30, 2018), the QAO metric moves to CMS' desired metric of at least 90 percent of pay-for-reporting performance for an HHA to avoid a 2 percent reduction of its market basket update for CY 2019 and each subsequent year thereafter.

Simplify Therapy Reassessment Timeframes

Under current rules, therapy reassessments must be performed on or "close to" therapy visits 13 and 19 and at least once every 30 days.  A qualified therapist, of the corresponding discipline for the type of therapy being provided, must functionally reassess the patient.  The results of the reassessment and the effectiveness (or lack thereof) of the therapy must be documented in the clinical record.  Moreover, when multiple types of therapy are provided, each therapist must assess the patient after therapy visit 10 but no later than therapy visit 13 and after therapy visit 16 but no later than therapy visit 19 for the plan of care.  When a therapy reassessment is missed, any visits for that discipline prior to the next reassessment are not covered.  As might be expected in view of the complexity of this documentation requirement, providers expressed frustration regarding the timing of reassessment for multidiscipline therapy episodes.  In multiple therapy episodes, therapists must communicate when a planned visit or reassessment is missed to accurately track and count visits.  Otherwise, therapy reassessments may be in jeopardy of not being performed during the required timeframe, increasing the risk of subsequent visits not being covered.  CMS proposes to simplify the requirement to one in which a qualified therapist (instead of an assistant) from each discipline provides the needed therapy and functionally reassesses the patient at least every 14 calendar days.  The requirement to perform a therapy reassessment at least once every 14 calendar days would apply to all episodes, regardless of the number of therapy visits provided.  CMS believes that revising the requirement would make it easier and less burdensome for HHAs to track and to schedule therapy reassessments every 14 calendar days, as opposed to tracking and counting therapy visits, especially for multiple discipline therapy episodes.

HHA VBP Model—A Proposal to Link Quality Measures to Payment

CMS is considering testing a HHA model that builds on what CMS has learned from the Hospital Value-Based Purchasing Program.  As envisioned, the HHA VBP model would reduce or increase Medicare payments, in a 5 percent to 8 percent range, depending on the degree of quality performance in various measures to be selected.  The model would apply to all HHAs in each of the projected five to eight states selected to participate in the model.  CMS invites comments on the HHA VBP model that is outlined in the rule, including elements of the model, size of the payment incentives and percentage of payments that would need to be placed at risk in order to incentivize HHAs to make the necessary investments to improve the quality of care, the timing of the incentive payments, and how performance payments should be distributed.  CMS also invites comments on the best approach for selecting states for participation in the model.  In light of recent policymaking trends focused on linking payment to quality, we encourage interested stakeholders to fully engage with the agency through this proposed rulemaking process by helping the agency understand the various critical considerations in defining "quality," given the unique attributes of patient populations receiving home health care and other important parameters to adopting such an incentive program in home health.

Limit on the Reviewability of Civil Monetary Penalties

CMS proposes to add a new paragraph to its regulations that would explain the reviewability of a civil money penalty (CMP) that is imposed on an HHA for noncompliance with federal participation requirements.  The new language will provide that when administrative law judges, state hearing officers or higher administrative review authorities find that the basis for imposing a CMP exists, they may not set a penalty of zero or reduce a penalty to zero; review the exercise of discretion by CMS or the state to impose a CMP; or in reviewing the amount of the penalty, consider any factors other than those specified in the regulations.  The proposed language for HHA reviews is similar to the current regulatory language governing the scope of review for CMPs imposed against skilled nursing facilities.

The proposed CY 2015 rule contains extensive background and commentary on the proposed change, including detailed and technical explanations of its calculation of the CY 2015 HH PPS rates; the national, standardized 60-day episode payment rates; the national per-visit rates; and the non-routine medical supply conversion factor.  We commend the rule to your attention for review and possible commentary.  CMS is accepting comments on the proposed rule until 5:00 pm on September 2, 2014.

CMS Proposes Update To 2015 Home Health Prospective Payment System For Comment

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions