Programs

Regulatory Updates

Total of 163 Records Returned

State: All

Hospice: New Requirement for Physicians Who Certify Patient Eligibility

Date Posted : 11/16/2023

Date Effective : 05/1/2024

Program: Hospice

Effective May 1, 2024, for Medicare to pay for hospice services, the following physicians must enroll in Medicare or opt out:

  1. Hospice medical director or the physician member of the hospice interdisciplinary group who certifies the patient’s terminal condition
  2. Patient-designated attending physician (if they have one) who certifies their terminal condition

If you’re currently enrolled or opted out, you don’t need to do anything.

This new requirement:

  • Only applies to Fee-for-Service Medicare
  • Doesn’t prohibit the patient’s independent attending physician from treating them while in hospice and billing for these services under Part B
  • Applies to all written or oral certifications under § 418.22(c)

Hospices can quickly verify a physician’s enrollment or opt-out status using the CMS ordering and referring data file (ORDF), which lists all Medicare-enrolled and opted-out physicians. We’ll modify the ORDF to create a separate column with this status.

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State: All

Lymphedema Compression Treatment Items: Implementation

Date Posted : 11/22/2023

Date Effective : 01/1/2024

Program: Durable Medical Equipment, Prosthetics, Orthotics, and Supplies, Pharmacy

Learn about the new Medicare DMEPOS benefit category starting January 1, 2024.

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State: All

Final Rule: Employee or Independent Contractor Classification Under the FLSA

Date Effective : 03/11/2024

Date Adopted : 01/10/2024

Program:

On January 10, 2024, the U.S. Department of Labor published the final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act, effective March 11, 2024.  This rule may have implications for health care providers. The Department of Labor has provided a resource of frequently asked questions to help businesses determine if a person is an employee or contractor under the rule.

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State: All

CY 2024 Medicare Physician Fee Schedule Final Rule with Hospice Provisions

Date Effective : 01/1/2024

Program: Hospice

On November 2, 2023, the CY 2024 Medicare Physician Fee schedule final rule was published.  This rule includes provisions for hospice. Beginning January 1, 2024, hospice agencies will have the option of utilizing a social worker, a marriage and family therapist, or a mental health counselor for counseling services provided to hospice patients as both the MFT and MHC can now be part of the hospice interdisciplinary team.  Medicare definitions for the qualifications a Marriage and Family Therapist and a Mental Health Counselor can be found in the CAA of 2023.  CMS is currently working on a resource document to address provider questions.

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State: All

CMS CY 2024 Home Health PPS Final Rule

Date Effective : 01/1/2024

Program: Durable Medical Equipment, Prosthetics, Orthotics, and Supplies, Home Health, Hospice

On November 1, 2023, CMS issues the CY 2024 Home Health PPS final rule.  This rule became effective Jan 1, 2024. The final rule included updates for home health, hospice, and DME. Home Health:  The final rule included home health payment updates including codification of statutory requirements for disposable negative pressure wound therapy devices, Home Health Quality Reporting program updates Home Health Value-Based Purchasing Model updates. DME: The final rule notes the end of the IVIG demonstration program with a new permanent DME payment for in-home administration of IVIG for the treatment of primary PIDD.  The rule codifies the longstanding Medicare definition of a brace.  A benefit was established in this rule for lymphedema compression treatment items and outlines the scope and payment of this coverage.  Finally, the rule addressed the 30-day refill policy for DMEPOS providers. Hospice: This final rule finalized both the Hospice Special Focus Program and has added an Informal Dispute Resolution process which closely aligns with the existing IRD process for home health providers.  There were also several hospice provider enrollment provisions in this final rule including subjecting hospices to the highest level of provider enrollment screening, expanding the existing change in majority ownership rule at 42 CFR §424.550(b) to include hospices, and clarifies the definition of managing employee to include both the hospice administrator and medical director.

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State: All

CMS FY 2024 Hospice Payment Update Final Rule

Date Effective : 10/1/2023

Program: Hospice

On July 28, 2023, CMS issued a final rule updating Medicare hospice payments and the aggregate cap amount for FY 2024.  This rule provided updates to the Hospice Quality Reporting Program as well as established new Hospice Certifying Physician Enrollment.  This final rule was effective October 1, 2023, with exception to the provider enrollment provision which are effective May 1, 2024.

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