Archive for Haven Hospice
Big News! Federal Court to HHS: Stop Using Invalid Hospice Cap Regulation, Nationally
Posted by: | CommentsNAHA 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
Federal Judge says “Stop Using Invalid Regulation”
Posted by: | CommentsJudge Tells Department of Health and Human Services (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 (read Final Federal Court Judgment Remand) and in favor of NAHA member hospice Los Angeles Haven Hospice on its challenge to the hospice cap regulation. Read More→
Update: Haven Hospice Cap Suit
Posted by: | CommentsYesterday (July 27, 2009), Judge Wu in the Federal court for the Central District of California held a status conference to begin considering the proper form of judgment to follow his prior ruling July 13 holding the hospice cap regulation invalid. Judge Wu considered some initial submissions by the parties, asked for further briefing, and reset the matter for August 6. In the meantime, Haven Hospice’s FY 2006 repayment obligations remain suspended. Haven Hospice is seeking a judgment that: (a) invalidates the current regulation; (b) sets it aside; (c) precludes the government from applying it to any hospice in future; and (d) sets aside the prior calculation for FY 2006 as to Haven Hospice. Please note: Even if Haven Hospice gets all of the relief it seeks, this judgment will not preserve other hospice’s appeal rights as to cap demands that are issued prior to the entry of such judgment. For this reason, it remains important for hospices that might benefit from a correct proportional allocation of cap allowances to seek counsel and timely file a PRRB appeal of any such demand.
For further information, read NAHA posts Federal Court Suspends Cap Demand and Federal Court Rules Cap Regulation Invalid (Again).
