Weekly Newsletter
May 9, 2024
Corcoran Consulting Group, LLC
 
 
This Week at CT Healthcare At Home
  • 2024 Legislative Session Adjourns Sine Die
  • House Energy and Commerce Committee Examines Medicaid Legislation, 80-20 Moratorium
  • Congresswoman Kat Cammack Introduces Legislation To Block 80-20 Rule
  • Complete the 2024 Pediatric Palliative and Hospice Care Needs Assessment
  • CMS Releases Draft Version of OASIS-E1 Manual and Instruments
  • OIG Targets Home Health Improper Payments, EVV, Consumer-Directed Programs in Ongoing Watchdog Initiatives
  • NEHCC Wraps Up
  • Clinical Care Specialist — Home Health Certification (CCS-HH)
Legislative Update
At midnight, the Connecticut General Assembly adjourned sine die the 2024 regular legislative session. 
 
This legislative session began in February with disagreement on how to proceed with adjustments to the second year of the biennial budget, originally adopted last year.  Primary disagreement pertained to the fiscal guardrails, originally adopted in 2017 and reauthorized last year. Democratic legislative leadership were seeking to add between  $300 and 400 million to the second year of the biennium to fund various initiatives ranging from higher education, nonprofits, municipal aid, and other priorities. Democratic Governor Lamont and Republican legislators objected to circumventing the fiscal guardrails. 
 
Ultimately, the legislature passed a large American Rescue Plan Act (ARPA) allocation plan and a bond package in the closing days of the session. Both are expected to be signed by the governor in the coming days.  While this makes funding priority changes, it is not crafted in the traditional sense of a budget adjustment.  
 
Any bills that did not pass both chambers in concurrence by midnight this morning are dead. Our lobbying team (Rome, Smith & Kowalski) will be reviewing all bills that received final passage and will provide a detailed report in the coming week(s). 
 
In the meantime, the key bills that impact the Connecticut Association for Healthcare at Home members are the following:
  • SB 1 An Act Concerning the Health and Safety of CT Residents—final amended copy to follow
    For Home Health and Hospice summary, click OLR Summary SB 1  and view Sections 1-9
  • HB 5001 An Act Supporting CT Seniors and the Improvement of Nursing and Home-Based Care
    - For Home-Based Care summary, click here
News Update
Source: NAHC, May 3, 2024
 
On Tuesday, April 30, the Health subcommittee of the House Energy and Commerce Committee held a hearing on Legislative Proposals to Increase Medicaid Access and Improve Program Integrity. The hearing’s sole witness was Daniel Tsai, the director of Medicaid within the Centers for Medicare and Medicaid Services (CMS), who provided perspective on the Administration’s priorities regarding Medicaid coverage, eligibility, and access to services.
 
Importantly, the hearing included legislation that would prohibit CMS from enacting the 80-20 pass through provision within the Medicaid Access rule among the 19 bills examined during the session. During the session, lawmakers showed the stark partisan divide over the Access rule, with Republicans consistently advocating to repeal 80-20 and Democrats lining up to support the policy.
Source: Home Health Care News, April 26, 2024
 
One policymaker is attempting to put a halt to the 80-20 rule.
 
At the start of the week, the “Ensuring Access to Medicaid Services” rule was finalized. The 80-20 provision is, arguably, the most controversial component of the Medicaid rule. In summary, the provision calls for 80% of Medicaid payments for home- and community-based services (HCBS) to be earmarked for direct care workers’ compensation.
 
On Thursday, Congresswoman Kat Cammack (R-Fla.) introduced a bill to block the U.S. Department of Health and Human Services (HHS) from finalizing the 80-20 provision.
 
Additionally, the legislation would also block HHS from implementing any similar rules that place a minimum requirement for how much of Medicaid spending on HCBS goes towards direct workers’ wages.
Source: NHPCO
 
Has your organization cared for at least one pediatric patient during the last four years? If so, complete the 2024 Pediatric Palliative and Hospice Care Needs Assessment.
 
The Needs Assessment is a product of the Pediatric Advisory Council with the goal of gaining a better understanding of the organizations and providers caring for pediatric patients with serious illnesses throughout the United States and helping create resources and support advocacy. Any questions can be directed to pediatrics@nhpco.org.

Source: Decision Health, May 3, 2024
 
Agencies can now get a good look at plans for the OASIS-E1, effective Jan. 1, 2025.
 
CMS announced Friday, May 3, 2024, that the draft is available for review, along with the draft of the OASIS-E1 Instruments (All Items and Time Points Versions).
 
CMS notes in the manual that the main reason for revising OASIS is to add one new item, O0350 Patient’s COVID vaccination is up to date, associated with the COVID Vaccine quality measure finalized in the 2024 Home Health Prospective Payment System Final Rule.
 
Agencies are expected to determine the patient’s vaccine status by reviewing the patient’s medical record or documentation of COVID-19 vaccination or by interviewing the patient, family member, caregiver or health care provider.
 
“Vaccination status may be determined based on information from any available source,” CMS notes in the manual.
 
CMS is removing two items, M0110 Episode Timing and M2200 Therapy Need that are no longer used in the Home Health Quality Reporting Program (HHQRP).
 
The GG0130 Self Care and GG0170 Mobility items are revised to remove the Discharge Goals, due to the removal of the Application of Percent of Long-Term Care Hospital (LTCH) Patients with an Admission and Discharge Functional Assessment and a Care Plan that Addresses Function (Application of Functional Assessment/Care Plan), also finalized in the rule. One item, D0150 Patient Health Questionnaire, is revised to clarify the instructions.
 
See the draft manual here.
See the draft instrument here
Alora Healthcare Systems LLC
Source: Home Health Care News, April 12, 2024
 
In past years, Medicare-certified home health agencies and Medicaid personal care services providers have been big focus areas for government watchdogs.
 
While there’s still plenty of oversight, the spotlight on home health and personal care providers appears to have dimmed somewhat. Instead of focusing on home health and personal care, watchdogs are increasingly targeting hospices, nursing homes and other areas.
 
The active work plan for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) reflects this idea.
 
Publicly available online, the active work plan reflects OIG audits, evaluations and inspections that are underway or planned. As of March 2024, there were 241 items listed on OIG’s active to-do list.
The 2024 New England Home Care & Hospice Conference & Trade Show held last week at Mohegan Sun was a huge success! Thank you to the nearly 400 attendees, sponsors and exhibitors who supported the event.  We had an amazing line up of expert speakers as well.  A special thanks to the staff from all of our New England State Associations for pulling together an efficient, professionally run event!
 
Looking forward to seeing you next year in Portland, ME, for the 2025 Conference!
 
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