News From Home Care
NAHC wages war on HCFA
The National Association for Home Care, in Washington, DC, has filed several lawsuits challenging the Health Care Financing Administration’s (HCFA) implementation of the interim payment system (IPS). The suits charge that the federal agency overstepped its rule-making process when it required the new payment system.
Home Health Business Report, a sister publication of Hospice Management Advisor, reported on Feb. 22 that NAHC officials believe if they can prove HCFA violated its own rule-making process, it would open the door to similar lawsuits aimed at other HCFA-imposed regulations, such as the OASIS regulations applied to non-Medicare patients and other rules that have heaped "unreasonable or unnecessary burdens" on home care agencies.
"We think the best solution to IPS problems lies with Congress," NAHC President Val Halamandaris tells HHBR. "However, we believe HCFA has gone beyond the powers provided by Congress with these arbitrary regulations."
The lawsuits include:
• A federal suit seeking to invalidate HCFA’s IPS regulations on the grounds they constitute arbitrary and capricious interpretations of Congress’ original intentions from the Balanced Budget Act.
• A class action lawsuit challenging HCFA’s recoupment of overpayments resulting from IPS. The suit argues the repayment of funds by home health violates a longstanding Medicare provision stating repayment isn’t necessary if the provider is not at fault.
• A suit filed on behalf of disabled Medicare beneficiaries challenging HCFA’s requirement that patients be homebound to be allowed home health benefits. The suit alleges many disabled Medicare beneficiaries have been disallowed or will be disallowed home care coverage due to the homebound requirement.
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