Archive for hospice cap crisis

Jul
29

Update: Haven Hospice Cap Suit

Posted by: admin | Comments (0)

Yesterday (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).

Categories : Hospice Cap
Comments (0)
Jul
28

CNN Reports on Hospice Cap Crisis

Posted by: admin | Comments (1)

New CNN Video Report on Hospice Cap Crisis

CNN’s Gerri Willis discusses issues surrounding the Hospice Cap Crisis with NAHA’s David Daucher and others.

CNN Report on the Hospice Cap

External link to CNN Report on Hospice Cap Crisis

Comments (1)
Jul
15

Federal Court Rules Hospice Cap Invalid

Posted by: admin | Comments (0)

Federal Court in LA Rules Hospice Cap Regulation Invalid (again) – Haven Hospice’s Cap Payments Temporarily Suspended

Read the full text of the Haven Hospice judgment at 7-13-09 Order Granting Haven Hospice MSJ

On July 13, Judge Wu in Federal District Court in Los Angeles granted Haven Hospice’s Motion for Summary Judgment and ruled (a) that hospices subject to the cap have standing to challenge the HHS hospice cap regulation; and (b) the current HHS hospice cap regulation is plainly invalid.

Read More→

Categories : Hospice Cap
Comments (0)
Jul
13

Open Letter to MedPAC

Posted by: DaveDaucher | Comments (0)

Dear MedPAC: 

You’re missing opportunities to improve hospice access, reform the cap and save $billions; instead, you’re giving Vitas a $100 million profit windfall Read More→

The Clarion-Ledger, a leading Mississippi newspaper concludes that hospice cap demands “cap patient care”.

If you support hospice and hospice access for all, please forward this link to your friends, colleagues, and employees and leave your comments on the article on the Clarion-Ledger.com website.

“Hospice owners in Mississippi are complaining that a federal cap on Medicare payments is forcing them to choose between limiting patient care or going out of business.” (NB:  Learn more about the hospice cap and its impact at www.hospiceaccess.org)

“Amanda Knight of Hospice Direct, a for-profit hospice that serves 22 counties in central Mississippi, said the federal government is demanding repayment of Medicare reimbursements from prior years’ care. The repayment demand is based on a formula that, in effect, caps her patient care at six months in an effort to control costs for the program.”

“Knight said the weight of Hospice Direct’s looming government debt – around $5 million at last count – has put her family’s business in jeopardy.”

Read the entire article on the Clarion-Ledger website.

Remember, while the hospice cap has hit Mississippi hospices especially hard, this is not a localized issue.  As the Clarion-Ledger reports, more than 400 hospices in 30 states face demands for over $300 million in cap repayments and cap repayment demands have been doubling annually.

Comments (0)
Jun
22

NAHA Responds to CMS Call for Comments

Posted by: admin | Comments (0)

The National Alliance for Hospice Access (NAHA) today filed its response to the CMS Call for Comments regarding the Proposed Hospice Wage Index for Fiscal Year 2010.

To read NAHA’s response and recommendations for hospice cap reform, click here.

To learn more about the Call for Comment and the CMS discussions/thinking on which it is based, click here.

Categories : Hospice Cap
Comments (0)

Chris Sinclair, blogger at www.Pallimed.org, is featuring NAHA and the Hospice Cap Crisis in his most recent post.

He is asking concerned observers to vote on the issue of Hospice Cap Reform.

If you care about hospice access in the United States, you need to make your voice heard.

Go to www.Pallimed.org and vote for Hospice Cap Reform.

Vote now as his survey will close very soon.

Comments (0)
Mar
08

Welcome to NAHA: True Hospice Reform

Posted by: jefftest | Comments (0)

INDEPENDENT HOSPICES AND THE TERMINALLY ILL PATIENTS WE SERVE NEED YOUR SUPPORT FOR TRUE HOSPICE REFORM LEGISLATION, HR3454 MEDICARE HOSPICE REFORM AND SAVINGS ACT OF 2009

The National Alliance for Hospice Access (NAHA) is a non-profit, grassroots coalition of over 500 hospices, founded to promote true hospice reform, and specifically to address the Hospice Cap Crisis, a regulatory disaster that threatens hospices’ ability to continue to provide quality care to eligible, terminally ill patients.  

NAHA members are independent family-owned and community-based hospices that care for tens of thousands of terminally ill seniors annually, largely in rural, minority and economically disadvantaged communities.  NAHA is funded by contributions from independent hospices and from individual hospice advocates; our staff are part-time, unpaid volunteers.

NAHA hospices don’t have deep pockets, cannot meet CMS demands to repay money spent years ago caring for eligible, terminally ill seniors, and will not survive without urgent action by Congress.

THE PROBLEM…

Too few of our terminally ill seniors receive a timely hospice choice, and Medicare’s end-of-life care costs are billions of dollars per year higher than they should be.  Choice is especially poor in rural and minority communities, and for the 78% of seniors who die from non-cancer causes.  Only 7% of our terminally ill seniors receive between 60 and 180 days of hospice care, the range in which quality care and cost-effectiveness best coincide.

And, the Hospice Cap is now devastating hundreds of independent hospices who provide quality, cost-effective end-of-life care to tens of thousands of seniors in underserved rural, minority and economically-disadvantaged communities.  Conflicting federal laws and Medicare regulations are forcing hundreds of quality independent hospices into bankruptcy, causing thousands of high-quality jobs to disappear, solely because their eligible patients “live too long.”

  • 1998 federal law promises terminally ill seniors unlimited hospice days
  • But, the 1982 hospice cap law demands huge retroactive repayments from hospices whose patients “live too long”
  • Making a bad 1982 law worse, CMS is still using a 1983 regulation that overstates cap repayment demands and has been ruled invalid by ten different federal courts
  • And, Medicare’s own hospice eligibility criteria are not evidence-based, are seriously flawed and further harm timely hospice choice

THE SOLUTION

NAHA supports hospice reform legislation that will improve patient access, stabilize independent hospices, and save taxpayers billions of dollars.

  • Introduce evidence-based patient eligibility criteria for hospice care that will improve timely patient choice and save Medicare more than $5 billion over the next 5 years.
  • Reform the existing, flawed cap with a “pay as you go” savings system that:
    • more efficiently eliminates any unintended financial incentive for longer patient stays, and generates an additional $1.6 billion in Medicare cost savings over 5 years
    • dramatically reduces Medicare’s administrative burden, and eliminates delays in realizing the savings, by never paying out money that Medicare will later want repaid
  • Reallocate per diem reimbursement to better reflect hospice costs for the first and last days of a patient’s hospice stay and repeal the phase-out of the hospice Budget Neutrality Adjustment Factor (BNAF).

For more details, read NAHA’s proposal for resolving the Hospice Cap Crisis

Join NAHA and help us ensure quality hospice care for every eligible patient

More information on hospice care and the hospice cap crisis…

Categories : Uncategorized
Comments (0)

RSSLatest Tweets