NAHC Listening Sessions – REVISED Hospice Survey Process #2

Tuesday, April 4, 2023 9:30 AM – 10:30 AM EDT Zoom Link (More Zoom info below) Participation in the listening sessions is limited The Medicare hospice survey process was revised earlier this year.  All state survey agencies will be following the new process and accrediting organizations (AOs) will follow it for all deeming surveys. NAHC is…

New Research Shows Hospice Care Reduces Medicare Costs

Hospice Care Contributed to $3.5 Billion in Medicare Savings in One Year Better Outcomes Together with Medicare Savings Demonstrate Hospice’s Value New research shows that patients’ use of hospice care contributed to $3.5 billion in savings for Medicare in 2019, while providing multiple benefits to patients, families, and caregivers. The study, conducted by NORC at…

NAHC Listening Sessions – REVISED Hospice Survey Process #1

Wednesday, March 29, 2023 3:30 PM – 4:30 PM EDT ZOOM LINK (More Zoom info below) Participation in the listening sessions is limited The Medicare hospice survey process was revised earlier this year.  All state survey agencies will be following the new process and accrediting organizations (AOs) will follow it for all deeming surveys. NAHC…

NAHC and CMA Announce New Hospice Resource for Consumers

Over 1.7 million Medicare beneficiaries receive hospice care1. It is one of many benefits available under Medicare and provided by approximately 5,000 Medicare-certified hospices. Each of these hospices must provide certain services and meet specific requirements. However, each can provide these services in different ways. Navigating the details can be confusing, leading to many questions and misunderstandings. Making the decision to choose hospice care and choosing a hospice provider are two of the most important decisions anyone will make for themselves or a loved one. Finding a hospice that meets the needs of each patient may take some time.

To help beneficiaries sort through the details and learn about the hospice options available under the Medicare Hospice Benefit, the Center for Medicare Advocacy (CMA) and the National Association for Home & Hospice Care (NAHC) jointly developed “Questions to Ask When Choosing a Hospice.” These questions are intended to prompt discussion between beneficiaries and hospices so that patients fully understand coverage under the Medicare Hospice Benefit and how these services are provided by the hospice they are considering.

“With a growing use of hospice care, it is essential that Medicare beneficiaries and their families are well-equipped to understand what it takes to choose the right hospice,” said NAHC President William A. Dombi. “We are proud to have the opportunity to team-up with the Center for Medicare Advocacy to contribute well-focused guidance on hospice care and provider options. There are few health care decisions that one may make that are more important than selecting a qualified hospice provider.”

“As patients face terminal illness, the decision to choose hospice care is complex, and often difficult. We hope this document will help patients and families understand Medicare hospice coverage, the benefit from receiving hospice care, and available provider options. The booklet includes questions and guidance we hope will be valuable in finding care people can rely on as they live with serious illness,” said Judith Stein, Executive Director, Center for Medicare Advocacy. The “Questions to Ask When Choosing a Hospice” document is available on the CMA website and the NAHC website.

1MedPAC Report to the Congress (March 2022):

Our Response to ProPublica Article Alleging Abuse in Medicare Hospice Benefit

An article on the hospice industry published by ProPublica on November 28 (Endgame: How the Visionary Hospice Movement Became a For-Profit Hustle), 2022, gives readers an inaccurate view of the Medicare hospice benefit, a uniquely person-centered program that brought comfort to 1.7 million Americans and their families in 2020.

The article utilizes a few instances of abuse by bad actors to assert that hospice has lost its way. While we condemn fraudulent or abusive behavior, the vast majority of hospice providers remain true to its historic mission of providing comfort and relief from suffering to individuals at the end of life and support to their loved ones.  This is evidenced by Centers for Medicare & Medicaid Services (CMS) data indicating that 81 percent of families/caregivers utilizing the Medicare benefit give the hospice an overall rating of 9 or 10 (with 10 being the best) and 84 percent would recommend hospice to family and friends.

Where inappropriate activity is occurring in hospice, the National Association for Home Care & Hospice (NAHC), hospices across the country, and other industry stakeholders have urged meaningful action, including our support for increasing the frequency with which hospice providers are reviewed for compliance with important health and safety standards (Medicare’s Hospice Conditions of Participation).  Further, in 2019, NAHC other national hospice organizations helped craft a series of hospice survey reforms that were enacted in the Hospice Act of 2020, which are currently being put in place. We expect these reforms, once fully implemented, to provide additional quality of care safeguards in the hospice benefit.

More recently, NAHC and other national organizations have been deeply concerned about the disproportionate growth in the number of hospices in some states. In November 2022, NAHC and three other national hospice organizations wrote to CMS Administrator Chiquita Brooks-LaSure, urging further investigation of the proliferation of hospices in some states and to suggest targeted moratoria in trouble areas of the United States.

“We must all do our part to ensure that hospice remains a viable choice for terminally ill patients and their loved ones,” said NAHC President William A. Dombi. “Unfortunately, articles of this type may unwittingly discourage use of hospice care, thereby denying terminally ill patients and their families access to vital services that support and comfort them during and in the aftermath of one of life’s most difficult journeys.”

The hospice benefit is popular, well-regarded, and saves taxpayer dollars compared to keeping terminally ill patients in hospitals or other institutional centers of care. NAHC and our members look forward to working with federal and state policymakers to implement solutions to address the isolated problems highlighted by the article without jeopardizing access to the Medicare hospice benefit.

For 6 Hospice Nurses in Maine, the Job is All in the Family

An old woman in hospice has a last request – she wants to see the shore one more time. Her hospice nurse makes arrangements for it to happen, but on the day of the visit, the patient is too weak to make the trip. Instead, the patient’s hospice nurse and her team videotape scenes at…

NAHC Expresses Concern to CMS About Hospice Proliferation in Some States

The National Association for Home Care & Hospice (NAHC), joined by three other important industry stakeholders, has written to Chiquita Brooks-LaSure, Administrator of the Centers for Medicare & Medicaid Services (CMS), to express our increasing concern about reports of rapid proliferation of certified hospice agencies in select states. Most recently, the findings of the California State Auditor1…

NAHC Submits Comments on Proposed FY2023 Hospice Rule

  • Focus on Wage Index Cap, Payment Update, and Health Equity

On Wednesday, March 30, 2022, the Centers for Medicare & Medicaid Services (CMS) issued Medicare Program; FY 2023 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements (, the proposed rule governing hospice payment and other policies for fiscal year (FY) 2023.  The rule included:

  • A proposed 2.7% payment update for hospice services for the coming year;
  • Proposed imposition of a permanent 5% cap on reductions in wage index values from one year to the next (a policy CMS is proposing for all Medicare institutional providers);
  • A request for input on specific steps hospices are taking to advance health equity and views on creation of a structural composite measure that would assess a provider’s activities to address access to and quality of care for underserved populations;
  • Updates on elements of the Hospice Quality Reporting Program (HQRP); and a
  • An update on Advancing Health Information Exchange.

NAHC Report summary of the rule is available here.

Since publication of the rule, the National Association for Home Care & Hospice (NAHC) solicited input from hospice members through numerous “listening sessions.”  Following is a summary of NAHC’s comments on the rule that were submitted to CMS:

Proposed Permanent 5% Cap on Wage Index Decreases:  Across the years when wage index values in a large number of geographic areas have undergone changes that could have a significant negative impact on provider payments, CMS has utilized various methods to limit the impact of those changes in the first year so that providers could prepare for the financial impact of the wage index changes.  These methods include applying a 50/50 blend of the existing wage index value and the prospective wage index value for the first year or (as used during 2021) applying a 5% cap on wage index decreases for the first year in which changes to the wage index values are being applied. Given the potential that wage index changes have to create instability and significant negative impacts on certain providers even when wage index values change in only a small number of geographic areas, as part of the proposed FY2023 hospice payment rule CMS proposed a permanent approach to smooth year-to-year changes in providers’ wage indexes by placing a 5% cap on all wage index decreases in future years, regardless of the reason for the decrease.   Under this change, a geographic area’s wage index would not be less than 95% of its wage index calculated in the prior FY. NAHC has had a long-standing policy position that CMS should develop and implement a wage index model that is consistent across all provider types so that all providers have a level playing field from which to compete for personnel, and that supports limiting wage index losses from year to year to minimize dramatic payment reductions due to wage index value changes.

NAHC’s comments support action by CMS to impose a permanent cap on losses due to wage index value declines but suggest that in addition to a 5% cap that CMS analyze the impact of imposing a smaller cap (such as 2% or 3%), provide the public with details of their findings, and impose the most appropriate cap value as part of final action.  Based on their findings, CMS should determine and implement the most appropriate value for the cap on wage index decreases. NAHC also expressed concern that while CMS extended a FY2021 transitional policy imposing a 5% cap on wage index reductions to FY2022 for hospital providers but did not extend that policy to other provider types. NAHC is recommending that CMS retroactively apply the FY2021 transitional policy to hospice and other providers whose wage index values dropped more than 5% between 2021 and 2022.

Proposed FY2023 Hospice Payment Update Percentage 

While CMS has limited discretion when calculating the annual market basket update for hospice providers, NAHC has concerns that the projected 2.7% update is insufficient to address the accelerating financial demands that hospices have faced over the course of the last three years. NAHC’s comments include a wide variety of issues that have resulted in financial strains for hospice providers, including:

  • The Continuing COVID-19 Public Health Emergency
  • Inflationary Pressures
  • Workforce Issues
    • Caregiver Burnout
    • Increased Costs Related to Management Fees, Outsourcing, Recruitment, and Retention
    • Reduced Productivity/Lost Revenue Related to Staff Turnover
  • Resumption of the 2% Sequester
  • Resumption of/Increased Regulatory Oversight

Based on these concerns, NAHC’s comments urge CMS to explore all options available to address the financial strains that providers are undergoing, including the following:

  • Examine trends relative to IHS Global’s forecasts to determine whether more recently available data than used for the final FY2023 rule would result in a higher market basket update and determine whether additional updates could be made during the course of FY2023 to provide additional support to hospice and other providers.
  • Direct various divisions of CMS to examine potential options for hospice regulatory relief, with a particular focus on policies that could help to address issues that contribute to the existing workforce crisis, including reductions in paperwork and more appropriate utilization of various clinical personnel.
  • Engage stakeholders in discussions regarding current waivers and flexibilities related to the COVID-19 PHE, providers’ experience during the PHE relative to these waivers and flexibilities, and policy changes that might be advisable as a result of those experiences.

Updates on elements of the HQRP

While there were no proposed changes to the HQRP NAHC did submit some comments relative to elements of the program. The HOPE (Hospice Outcome and Patient Evaluation) tool is currently in beta testing which is expected to be completed later this year after which time CMS will complete its analysis. It is possible that CMS will include in next year’s proposed hospice rule the full implementation of the HOPE. Hospices and stakeholders such as EMR vendors are requesting CMS share more information about the HOPE prior to any future proposal for full implementation. NAHC also encouraged CMS to include race and ethnicity and SDOH in the HOPE and consider how the HOPE could be utilized as a tool to help hospices with health equity initiatives.

NAHC reiterated recommendations submitted previously urging CMS to develop codes or modifiers for telehealth visits in hospice and supports the recommendation by MedPAC that technology-based visits be reported on claims.

Advancing Health Equity

In this year’s proposed rule, CMS expanded on last year’s Request for Information (RFI) on health equity. This year, CMS sought feedback on four questions and a structural composite measure related to health equity. NAHC supports embedding the principles of health equity in the design, implementation, and operationalizing of policies and programs to improve health and reduce disparities for all people served by the Medicare program. In general, hospice readiness to develop and implement health equity initiatives varies greatly. Some hospices report that health equity concepts are new to their organization while others report collecting and analyzing data related to health equity for some time and using it as part of their performance improvement program. Consistent feedback from members indicates that there are hospices operating all along this spectrum and it is important for CMS to consider this variation as it looks to implement requirements and measures related to health equity. NAHC did explain in its comments that hospices are eager to implement health equity initiatives but have been impacted by the workforce shortage and other effects of the COVID-19 pandemic requiring a refocusing of priorities. Therefore, additional time and resources are necessary.

Social determinants of health (SDOH) and other data such as race and ethnicity need to be collected and analyzed for the advancement of health equity initiatives. However, our systems lack standardization for the collection, reporting and analysis of this data. NAHC encouraged CMS to expand its systems to allow for the submission of such data and for CMS to develop and share meaningful reports with this information for hospices that will help them move forward or expand.

NAHC’s comments support introducing a structural composite measure on health equity into the hospice quality reporting program. We believe such a measure is a good starting point for the HQRP and will help hospices learn what is expected and best practices. Dialogue with stakeholders about the development of a structural composite measure is necessary to ensure all components are included and the reporting of such a measure is meaningful while not being overly burdensome to hospice providers. We believe hospices must learn how to incorporate much of the health equity framework into their daily practice before data collection for a structural composite measure is considered. We provided feedback on each of the three domains CMS included as possible components of a structural measure and scoring of the domains. NAHC strongly recommended the utilization of a Technical Expert Panel (TEP) to consider the identification of appropriate measures and their implementation as was done with hospitals in the development of the “Hospital Commitment to Health Equity” measure. We also recommended that as the hospice measure is developed, data be gathered from hospices with feedback and learning opportunities provided to them before any public reporting is considered. NAHC emphasized that CMS should allow for adoption of health equity initiatives with hospices in a manner like that utilized with hospitals – slowly and over the course of years.

Finally, NAHC thanked CMS for its plans to utilize a TEP for the development and implementation of the Special Focus Program (SFP) that is part of the hospice survey reforms finalized last year. NAHC recommended that nomination opportunities to serve on the TEP be open to the public and that the proceedings of the TEP be as transparent as possible and include multidisciplinary and patient/caregiver perspective and that the TEP be charged with advising CMS on the details of implementation of the SFP, including the terms of selection, enforcement, and technical assistance criteria. Due to the complexity of the SFP and potential long-term impacts, this program should not be implemented until the TEP has completed its work in this area and has had the opportunity to consider SFP eligibility, use of other data for SFP eligibility, and SFP graduation.

Advancing Health Information Exchange

NAHC also took the opportunity to respond to the section of the rule highlighting the importance of interoperable health information exchange (HIE) across provider types and settings. NAHC staff reminded CMS that a major reason the majority of hospice and home health providers lack certified EHR technology is as a result of not being eligible for funding from the federal Meaningful Use EHR Incentive program created in 2009, a federal initiative that has provided billions of dollars over the last decade to hospitals, health systems, and physician practices to adopt and maintain Office of the National Coordinator for Health Information Technology (ONC)-certified health information technology (HIT). Not including hospices or other post-acute care (PAC) providers in that program has created an uneven playing field, one in which home-based care providers are further behind in their capacity to procure ONC-certified products which facilitate the kind of seamless interoperability CMS is seeking across the health care system. Special mention was made of how important it is for CMS to work with ONC and Congress to develop an analogous EHR/HIT incentive program for hospice and the PAC sector, particularly if they intend to make progress on their overarching goal to improve social determinant of health (SDOH) data collection and exchange. In order for SDOH information to be valuable, it will need to follow patients across care settings, making interoperability critically important. But merely providing the money to develop the data-sharing tools will not be sufficient to deliver on the health equity promise of more robust SDOH activity – CMS must also begin to articulate the specific expectations it has for providers related to the collection, storing, sharing, and use of SDOH data. In the absence of guidance, many providers are likely to create their own approaches to this work, which will hamper the ability to develop meaningful standards in the future that will help formalize CMS and ONC’s regulatory stance towards health care providers’ SDOH obligations and responsibilities.

NAHC Submits Comments on Proposed FY2023 Hospice Rule

Focus on Wage Index Cap, Payment Update, and Health Equity On Wednesday, March 30, 2022, the Centers for Medicare & Medicaid Services (CMS) issued Medicare Program; FY 2023 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements (, the proposed rule governing hospice payment and other policies for fiscal year (FY) 2023.  The rule…

CMS Gears Up for Year Three of MA VBID Hospice Component Model

Beginning in January 2021, the Centers for Medicare & Medicaid Services (CMS) began testing inclusion hospice as part of the Medicare Advantage (MA) benefit package. This test model is being operated for four years (Calendar Years 2021 through 2024) under the umbrella of the Value-Based Insurance Design (VBID) Model and is officially called the MA VBID Model Hospice Benefit Component (Hospice Benefit Component).

Each year CMS issues transmittals that signal systems changes to ensure that notices and claims connected to beneficiaries enrolled in plans that are participating in the Hospice Benefit Component process correctly in CMS’ systems. In late April CMS issued Change Request 12688/Transmittal 11383 (SUBJECT:  Calendar Year 2023 Modifications/Improvements to Value-Based Insurance Design (VBID) Model – Implementation), which modifies previous Change Requests (CR 11754 and CR 12349) related to the VBID Hospice Benefit Component model. CR 12688 makes modifications to the previous two Change Requests to ensure proper operation of the model during CY 2023, including appropriate identification of patients enrolled in a model-participating MA plan when they elect hospice care.

CMS has also issued MLN Matters article MM12688 to accompany CR 12688.  MM12688 stresses that hospices serving patients in the Hospice Benefit Component model must ensure that their billing staff are familiar with the modifications in the VBID Model’s Hospice Benefit Component for CY2023 and other requirements established in CRs 11754 and 12349 that will still apply. During CY2023 hospices will still be required to submit notices and claims for services provided to model-enrolled beneficiaries to both the applicable Medicare Administrative Contractor (MAC) and the MA plan.

Previous NAHC Report coverage of the Hospice Benefit Component model describes ways in which CMS is modifying the model effective CY2023.

Detailed information regarding beneficiary eligibility checks and claim submission are available on the VBID Model Hospice Benefit Component website HERE.

Current postings are applicable to CY2022 (the current model year), but it is anticipated that any changes to the information applicable to CY2023 will be posted closer to the close of 2022.