Medicare Blog

home health, medicare payment suspension, what do we do now

by Domenico Carter Published 2 years ago Updated 1 year ago
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Payment suspensions are a strong tool for CMS

Centers for Medicare and Medicaid Services

The Centers for Medicare & Medicaid Services, previously known as the Health Care Financing Administration, is a federal agency within the United States Department of Health and Human Services that administers the Medicare program and works in partnership with state government…

to use to protect the Medicare program from improper payments. In 2008, CMS highlighted payment suspensions as a means of fighting fraud, waste, and abuse by home health providers in Miami-Dade County, Florida. 5 CMS may suspend payments based on requests from its contractors or from law enforcement.

Full Answer

What is a Medicare payment suspension?

Payment suspensions are a strong tool for CMS to use to protect the Medicare program from improper payments. In 2008, CMS highlighted payment suspensions as a means of fighting fraud, waste, and abuse by home health providers in Miami-Dade County, Florida.

How does Medicare pay home health agencies?

Under prospective payment, Medicare pays home health agencies (HHAs) a predetermined base payment. The payment is adjusted for the health condition and care needs of the beneficiary. The payment is also adjusted for the geographic differences in wages for HHAs across the country.

What is the case-mix adjustment under home health payment reform?

The case-mix adjustment under this system included: a clinical dimension; a functional dimension; and a service dimension, in which payment would increase if certain therapy visit thresholds were met. The Bipartisan Budget Act of 2018 (BBA of 2018) included several requirements for home health payment reform, effective January 1, 2020.

When can Medicare payments be suspended for suspected fraud?

(2) In cases of suspected fraud, suspended, in whole or in part, by CMS or a Medicare contractor if CMS or the Medicare contractor has consulted with the OIG, and, as appropriate, the Department of Justice, and determined that a credible allegation of fraud exists against a provider or supplier, unless there is good cause not to suspend payments.

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What does payment suspension mean?

to cease paying debts or obligations; to fail; - said of a merchant, a bank, etc.

What does suspended mean in Medicare?

Once a claim is submitted to Medicare, assuming that it has no errors and meets medical necessity requirements, it will remain in a suspended status until it is ready to be paid. Medicare may also suspend claims due to its own system issues that may prevent the claims from processing appropriately.

What is Medicare sequestration suspension?

The sequestration order covers all payments for services with dates of service or dates of discharge on or after April 1, 2013 and will continue until further notice. Note: The 2% reduction is currently suspended through December 2021.

Why would Medicare be suspended?

Improper Medicare Payments and Payment Suspensions CMS imposes suspensions under any of three circumstances: (1) fraud or willful misrepresentation, (2) when an overpayment exists but the amount has not been determined, and (3) when payments made or to be made may be incorrect.

What are dirty claims?

The dirty claim definition is anything that's rejected, filed more than once, contains errors, has a preventable denial, etc.

How long is Medicare sequestration suspended?

(The CARES Act, as amended, temporarily suspended the application of this sequestration to Medicare from May 1, 2020, through March 30, 2022, and limited Medicare reductions to 1% from April 1, 2022, through June 30, 2022.)

Is the patient responsible for Medicare sequestration?

Essentially, sequestration reduces what Medicare pays its providers for health services by two percent. However, Medicare beneficiaries bear no responsibility for the cost difference. While aimed to prevent further debt, it imposes financially on hospitals, physicians, and other healthcare providers.

Is sequestration still in effect in 2021?

Jun. 3, 2021 Update: Congress has passed legislation that continued the moratorium on sequestration. As a result, CMS has extended the moratorium on sequestration until December 31, 2021.

Can Medicare be suspended?

If you have Medicare and you're under 65, you can suspend your Medicare Supplement policy at any time while you have employer group health insurance. In order to suspend your Medigap policy, you must call your Medigap insurance company and let them know that you want to suspend your benefits and premiums.

Can Medicare be reinstated?

If a person feels they have a good reason or cause for not paying their premiums, they can ask Medicare for reinstatement under the Medicare good cause policy. The individual must be able to prove the reason for missing payments.

Is there a grace period for Medicare premium payments?

Under rules issued by the Centers for Medicare and Medicaid Services (CMS), consumers will get a 90-day grace period to pay their outstanding premiums before insurers are permitted to drop their coverage.

Are You Ready for 2022 Home Health Payment Cuts?

Recent changes with the Medicare sequestration, Pay-As-You-Go (PAYGO) cuts, and the Patient-Driven Groupings Model (PDGM) for 2022 will affect reimbursements soon. Here’s what you need to know to be ready for home health payment cuts in 2022.

Pay-As-You-Go Payment Cut

The second program that HHAs need to watch is the Statutory Pay-As-You-Go (PAYGO) program in 2010. Congress created PAYGO to offset increases in federal spending. In other words, it restricts spending from raising the federal budget deficit over a 5- or 10-year period.

Patient-Driven Groupings Model (PDGM) and Behavioral Assumptions Payment Cut

The third cut that home health providers need to be ready for is found in the FY2022 Final Rule. HHAs will see a 4.36% payment reduction for the third year despite much controversy. This payment cut is also known as the “behavioral change assumption” or the “behavioral adjustment.”

Summary

HHAs face significant Medicare payment cuts in 2022. At the same time, agency leaders face unprecedented struggles. Take a look back on where we’ve been here. The home health industry is taking on rising expenses related to supplies, labor shortages, infection control to name a few.

What happens if hospice provider fails to file cap determination report?

(1) If a provider has failed to timely file an acceptable hospice cap determination report, payment to the provider is immediately suspended in whole or in part until a cap determination report is filed and determined by the Medicare contractor to be acceptable.

What happens if a provider fails to file an acceptable cost report?

(1) If a provider has failed to timely file an acceptable cost report, payment to the provider is immediately suspended in whole or in part until a cost report is filed and determined by the Medicare contractor to be acceptable.

When does a home health agency have to give you an ABN?

When the home health agency believes that Medicare may not pay for some or all of your home health care, the agency must give you an ABN. Home health agencies are required to give you an ABN before you get any items or services that Medicare may not pay for because of any of these reasons: They’re not considered medically reasonable and necessary.

What does a home health agency do?

The home health agency makes a business decision to reduce or stop giving you some or all of your home health services or supplies. Your doctor changed your orders, which may reduce or stop giving you certain home health services or supplies that Medicare covers.

What is an ABN for Medicare?

The ABN gives clear directions for getting an official decision from Medicare about payment for home health services and supplies and for filing an appeal if Medicare won’t pay.

What is a HHCCN?

The HHCCN lists the services or supplies that will be changed, and it gives you instructions on what you can do if you don’t agree with the change. The home health agency isn’t required to give you a HHCCN when it issues the “Notice of Medicare Non-coverage” (NOMNC).

What is original Medicare?

Original Medicare. Original Medicare is a fee-for-service health plan that has two parts: Part A (Hospital Insurance) and Part B (Medical Insurance). After you pay a deductible, Medicare pays its share of the Medicare-approved amount, and you pay your share (coinsurance and deductibles). written notices in certain situations.

Do you need skilled care on an intermittent basis?

You don’t need skilled care on an intermittent basis. When you get an ABN because Medicare isn’t expected to pay for a medical service or supply, the notice should describe the service and/or supply and explain why Medicare probably won't pay.

When will HHAs get paid?

30-Day Periods of Care under the PDGM. Beginning on January 1 2020, HHAs are paid a national, standardized 30-day period payment rate if a period of care meets a certain threshold of home health visits. This payment rate is adjusted for case-mix and geographic differences in wages. 30-day periods of care that do not meet ...

When did the Home Health PPS rule become effective?

Effective October 1, 2000, the home health PPS (HH PPS) replaced the IPS for all home health agencies (HHAs). The PPS proposed rule was published on October 28, 1999, with a 60-day public comment period, and the final rule was published on July 3, 2000. Beginning in October 2000, HHAs were paid under the HH PPS for 60-day episodes ...

What is PPS in home health?

The Balanced Budget Act (BBA) of 1997, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act (OCESAA) of 1999, called for the development and implementation of a prospective payment system (PPS) for Medicare home health services.

Is telecommunications technology included in a home health plan?

In response CMS amended § 409.43 (a), allowing the use of telecommunications technology to be included as part of the home health plan of care, as long as the use of such technology does not substitute for an in-person visit ordered on the plan of care.

What is a medical social service?

Medical social services. Part-time or intermittent home health aide services (personal hands-on care) Injectible osteoporosis drugs for women. Usually, a home health care agency coordinates the services your doctor orders for you. Medicare doesn't pay for: 24-hour-a-day care at home. Meals delivered to your home.

What is an ABN for home health?

The home health agency should give you a notice called the Advance Beneficiary Notice" (ABN) before giving you services and supplies that Medicare doesn't cover. Note. If you get services from a home health agency in Florida, Illinois, Massachusetts, Michigan, or Texas, you may be affected by a Medicare demonstration program. ...

Does Medicare cover home health services?

Your Medicare home health services benefits aren't changing and your access to home health services shouldn’t be delayed by the pre-claim review process.

Do you have to be homebound to get home health insurance?

You must be homebound, and a doctor must certify that you're homebound. You're not eligible for the home health benefit if you need more than part-time or "intermittent" skilled nursing care. You may leave home for medical treatment or short, infrequent absences for non-medical reasons, like attending religious services.

Who is covered by Part A and Part B?

All people with Part A and/or Part B who meet all of these conditions are covered: You must be under the care of a doctor , and you must be getting services under a plan of care created and reviewed regularly by a doctor.

Can you get home health care if you attend daycare?

You can still get home health care if you attend adult day care. Home health services may also include medical supplies for use at home, durable medical equipment, or injectable osteoporosis drugs.

When does CMS suspend Medicare payments?

CMS may suspend payments to any Medicare provider when it possesses reliable information that the provider was overpaid for previously submitted claims. CMS imposes suspensions under any of three circumstances: (1) fraud or willful misrepresentation, (2) when an overpayment exists but the amount has not been determined, and (3) when payments made or to be made may be incorrect.4

Where are suspended payments located?

suspended payments to providers located in 23 States, with most of the suspended providers located in Florida, Puerto Rico, California, and Michigan (see Figure 1; also see Appendix A for the number of payment suspensions by State).

What documents outline payment suspensions?

Two documents outline procedures for payment suspensions. For contractors, Section 3.9 of the PIM details those procedures. For law enforcement, the Joint Guidance on CMS Administrative Actions and the Impact on Health Care Fraud Cases (hereinafter referred to as the Joint Guidance) provides information regarding payment suspensions and law enforcement investigations. Authored by CMS, OIG, and DOJ and released in July 2009, the Joint Guidance describes the types of administrative sanctions that CMS may impose, including payment suspensions, and their effect on ongoing investigations and litigation.

How long does CMS have to give notice of a suspension?

If CMS suspends a provider because of suspected fraud, willful misrepresentation, or harm to the Medicare Trust Funds, CMS instructs its contractors to send the notice on or after the effective date of the suspension, but no later than 15 days after this date. For suspensions imposed for other reasons, CMS instructs its contractors to give providers at least 15 calendar days of prior notice.28

Can CMS extend Medicare payment suspensions?

situations, CMS may extend payment suspensions indefinitely. According to Medicare regulations, the suspension time limits do not apply when OIG is considering administrative action, such as a civil monetary penalty or permissive exclusion.36 Of the 253 suspensions we examined, CMS approved indefinite extensions for 46 (18 percent).

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