On March 23, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that, effective immediately, it is temporarily postponing routine facility inspection and focusing on infection control and situations involving Immediate Jeopardy (where patient safety is placed in imminent danger). CMS is rolling out a new focused survey and inspection process to assess whether facilities are prepared for COVID-19, and has published a fact sheet describing the initiative. This will apply to inspections of all Medicare and Medicaid certified provider and supplier types across the country, such as long term care facilities (nursing homes), hospitals, and CLIA laboratories.
Continue Reading CMS Announces Targeted Plan for Healthcare Facility Inspections in Light of COVID-19

The Joint Commission announced that it will eliminate a requirement of deemed home health organizations to provide the personalized written plan of care to patients. The announcement follows a communication from CMS that it will no longer require that the individualized written plan of care be given to the patients, as written in §484.60 of the Home Health Services Conditions of Participation.   Effective April  30, 2018, the Joint Commission will no longer score organizations on whether they fail to give their patients a written individualized plan of care.
Continue Reading Providing Patient Written Plan of Care Eliminated from The Joint Commission’s Standards for Deemed Home Health Agencies

On July 25, 2017, the U.S. House of Representatives passed by voice vote a bipartisan bill which is now in the Senate’s hands for consideration, the Medicare Part B Improvement Act of 2017. The bill would amend the Stark Law (Section 1877(h)(1) of the Social Security Act) and impact other provisions governing Medicare Part B.

The bill would amend the Stark Law:

  • to provide that the writing requirement for certain compensation arrangements may be satisfied by means determined by the HHS Secretary, including “a collection of documents, including contemporaneous documents evidencing the course of conduct between the parties;”
  • to include provisions for “indefinite” holdovers involving certain personal service arrangements and leases of office space or equipment; and
  • to provide for up to 90 days to obtain missing signatures in certain compensation arrangements that have become noncompliant.

These changes codify certain Stark Law changes previously made by the Centers for Medicare and Medicaid Services in the Medicare Physician Fee Schedule that took effect on January 1, 2016 (see related article here). 
Continue Reading House Bipartisan Act Would Amend Stark Law and Medicare Part B