NEW: DEA Temporarily Extends Flexibilities for Telehealth Prescribing

Yesterday, May 9, 2023, the Drug Enforcement Agency (DEA) and the Substance Abuse & Mental Health Services Administration (SAMHSA) issued a temporary rule that extends telemedicine flexibilities regarding prescription of controlled medications.  The goal of the rule is to ensure a smooth transition for patients and practitioners that have come to rely on the availability…

Update on DEA Proposed Rule on Telemedicine Prescribing

In late February 2023 (see NAHC Report), the Drug Enforcement Agency (DEA) proposed a rule intended to govern the prescribing of controlled substances via telemedicine for application at the end of the COVID-19 Public Health Emergency (PHE). The proposed rule focuses on prescribing of a controlled substance via telemedicine consultation by a medical practitioner when no in-person…

CMS Releases Report on Hospice Special Focus Program

As part of the Consolidated Appropriations Act of 2021 (CAA), Congress enacted significant changes to the hospice survey process, including creation of a Special Focus Program (SFP) for poor performing hospice providers. In the CY 2022 home health final rule the Centers for Medicare & Medicaid Services (CMS) issued final rules governing the survey reforms…

New ABN Form Available

The Advance Beneficiary Notice of Noncoverage (ABN), Form CMS-R-131, and form instructions have been approved by the Office of Management and Budget (OMB) for renewal. The use of the renewed form with the expiration date of 01/31/2026 will be mandatory on 6/30/23. You may continue to use the ABN form with the expiration date of…

White House Seeks Public Input on the Regulatory Process

As part of the Biden-Harris Administration’s ongoing priority to improve public participation in the development of regulations, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) will host a public Listening Session on “Public Participation in the Regulatory Process” on March 7, 2023 from 3:00 – 4:30 PM…

COVID-19 Emergencies to End May 11

President Joe R. Biden informed the United States Congress on Monday, January 30, that he will end the COVID-19 public health emergencies (PHE) on May 11, 2023, three years after the PHE was first announced. Ending the COVID-19 PHE will alter how the virus is treated, downgrading it from a pandemic to an endemic public…

CMS Submits OASIS-E to OMB

The Office of Management & Budget (OMB) has issued the information collection packet for the Outcome and Assessment Information Set (OASIS)-E, which includes three attachments and the Supporting Statement document outlining the burden estimate for both home health agencies (HHAs)  and the federal government. The OASIS-E assessment tool is effective January 1, 2023. Attachment A…

Updated OASIS-E Released

The Centers for Medicare & Medicaid Services (CMS) has issued an updated draft of the Outcome and Assessment Information Set (OASIS)- E. The instrument is a revision of the OASIS-E that was originally issued in March 2020, prior to the COVID-19 public health emergency. The updated version includes the addition of the “patient declines to…

CMS Updated Quality Reporting in the Open Door Forum

The Centers for Medicare & Medicaid Services (CMS) provided some important quality updates in the Tuesday, December 14 Home Health, Hospice, and DME (Durable Medicare Equipment) Open Door Forum (ODF). What follows is a detailed summary of those updates from a NAHC staffer who monitored the call.

HOSPICE QUALITY REPORTING PROGRAM UPDATES

CMS reminded hospices that the FY2024 annual payment update is based on the CY2022 data submissions.  Hospices must comply with the following HIS and Hospice CAHPS Survey participation requirements to avoid the APU penalty which increases to 4% in FY2024.

  • Submit at least 90% of HIS records within the 30 days of the event date (patient’s admission or discharge) for patient admissions/discharges occurring 1/1/22 – 12/31/22
  • Ongoing monthly participation in the CAHPS Hospice Survey 1/1/22 – 12/31/22

CMS also reminded hospices that it recognizes that there are instances where an extraordinary or extenuating circumstance beyond the hospice’s control (e.g., natural disasters) may delay or prevent submission of required data, and hospices can submit requests for an extension or exemption within 90 days of the extraordinary circumstance event.  NAHC encourages hospices to review the HQRP webpage devoted to these instances for more information and to submit a request for an extension or exemption when warranted.  While the example CMS uses for such a circumstance is a natural disaster there are other circumstances that are out of the hospice’s control and impact its ability to submit quality data such as the current COVID pandemic.

Public reporting for hospices will resume with the February 2022 refresh on Care Compare. This refresh excludes Q1 and Q2 2020 data due to the Public Health Emergency (PHE) exemption of data submission requirements for these quarters.  So, CMS will use fewer quarters of data than usual for this refresh due to this exemption.  CMS plans to post a public reporting tip sheet later this week with more information about public reporting.

The Hospice Quality Reporting Program Quality Measure Specifications User’s Manual v1.00 is now available and reflects changes in the FY2022 hospice final rule, specifically the new Hospice Care Index (HCI) and Hospice Visits in Last Days of Life (HVLDL) measures. Updated documents related to the current measures including the Manual, a change table, and updated measures are available on the Current Measures webpage.

Materials from the HQRP webinar CMS held on October 19 are available in the Downloads section of the Provider & Stakeholder Engagement webpage.

Hospices should review documents available in the Downloads and Provider Toolkit sections of the Requirements & Best Practices webpage as there are updated provider resource documents available.

CMS Updated Quality Reporting in the Open Door Forum

The Centers for Medicare & Medicaid Services (CMS) provided some important quality updates in the Tuesday, December 14 Home Health, Hospice, and DME (Durable Medicare Equipment) Open Door Forum (ODF). What follows is a detailed summary of those updates from a NAHC staffer who monitored the call. HOME HEALTH QUALITY REPORTING PROGRAM UPDATES The reconsideration…