Aug
27

Big News! Federal Court to HHS: Stop Using Invalid Hospice Cap Regulation, Nationally

By admin

NAHA Press Release:  August 26, 2009

Judge Tells HHS to Stop Using Invalid Hospice Cap Regulation

On Friday, August 21, 2009, Federal District Court Judge George Wu entered final judgment against the Department of Health and Human Services in favor of Los Angeles Haven Hospice on its challenge to Medicare’s hospice cap regulation.  Haven Hospice had challenged the regulation used to calculate the hospice cap on the grounds that it did not meet the clear requirements of the governing hospice cap statute. The decision demonstrates that HHS has been miscalculating the cap, and harming hospices, by failing to give proportional allowances that could decrease the cap liability of any hospice that has experienced periods of long average length of stay.

Read the full text of the NAHA Press Release

Read the Federal Court Judgment in favor of NAHA member Haven Hospice

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