Hospice Insights: The Law and Beyond

As we approach the 40th anniversary of the Medicare hospice benefit, we stand at an important reflection point to evaluate end-of-life care and map its future. In this new series, we gather leaders and thinkers from a range of disciplines to explore our needs at the end of life, how they have changed over time and how care models need to adapt. We will consider our societal relationship to mortali...

The Trump Administration has shown an interest in regulatory reform with the goal of reducing the burden on regulated parties such as hospices. This has recently come to the forefront as part of the administration’s efforts to lessen the impact of the coronavirus on the economy. In this episode, Husch Blackwell's Meg Pekarske hosts a lively conversation with colleagues Bryan Nowicki , Emily Park a...

September was another busy month as hospices and other providers try to keep pace with the government’s constantly evolving rules and standards around various COVID-19 federal relief programs. In this episode, Meg Pekarske , Tom O’Day and Andrew Brenton hone in on recent key changes to the Families First Coronavirus Response Act (FFCRA) paid leave requirements and Provider Relief Fund compliance r...

In this episode, Husch Blackwell's Meg Pekarske is joined by colleague Stephanie Kaiser for a rich conversation on what it means for a hospice board to carry out its fiduciary duties and how this relates to the role and responsibilities of hospice executives. Through counseling and training boards across the country, Stephanie has gained unique insights on the inner workings of boards, and breaks...

No employer wants a union. While unions have not had deep presence in hospice, hospice employers are not immune to unionization efforts.  In this session, Meg Pekarske is joined by her colleagues Jon Anderson and Tom O’Day , who offer their insights on what makes unions attractive to employees and what you can do about it. The session addresses how a well-trained management staff can identify unio...

In this episode of Husch Blackwell's Hospice Insights podcast, Meg Pekarske and Andrew Brenton review the new rule’s key takeaways and flexibilities, and discuss navigating compliance.  Additional resources: FY 2021 Hospice Wage Index Final Rule FY 2021 Hospice Wage Index Rule:  What We Wanted vs. What We Got  CMS Model Election Statement Example CMS Model Election Addendum Example Medicare Hospic...

COVID-19 has affected all aspects of hospice care, operations and personnel, including the person whose judgment is at the center of the Medicare hospice benefit: the hospice physician. From new regulations addressing telehealth and virtual visits to the practical changes brought on by the pandemic, hospice physicians have had to adapt to ensure continuation of services that are compliant with evo...

COVID-19 threw a wrench into certain hospice audit activity, but the machine rumbles on. In today’s episode, Meg Pekarske , Erin Burns and Bryan Nowicki discuss the current state of hospice audits, including TPE, UPIC, and OIG audits and the high number of technical denials hospices have seen lately. The team highlights the top five most frequently seen technical denials in 2020 and provides first...

In this episode, Meg Pekarske has a conversation with Carla Davis, CEO of Heart of Hospice, where they discuss Carla’s path to hospice and her vision for the future of end-of-life care. They explore the question of what leadership looks like in “good” and “bad” times and what remains constant in times of change. Carla shares her insights on how being open to the unplanned and unbudgeted opportunit...

The 2019 Aseracare Court of Appeals decision was lauded by hospices as appropriate push-back to overly aggressive whistleblowers and government enforcers. Its central holding, that two physicians can reasonably disagree about a patient’s six-month prognosis and neither one be wrong, made it more difficult for hospices to be held liable for their physicians’ good faith exercise of clinical judgment...

Last year, confusion and consternation ensued when CMS finalized new requirements for the hospice election statement and an “addendum” with patient-specific information about the hospice’s coverage responsibility.  Those requirements are set to become effective as early as October 1, 2020.  In this episode, Hospice & Palliative Care attorneys Meg Pekarske , Bryan Nowicki and Andrew Brenton break d...

Overview: This episode commonly asked questions from hospices across the country. The group shares legal and accounting perspectives as well as practical considerations to help hospices as they operationalize their use of relief payments. Presenters: Husch Blackwell’s Hospice & Palliative Care attorneys Meg Pekarske , Bryan Nowicki and Andrew Brenton , and Crowe’s accounting professionals Bucky Hi...

The only thing constant is change…since our last podcast, evolving guidance from HHS continues to create confusion regarding how the relief payments were calculated and under what circumstances providers should accept or return relief payments. In this episode, Hospice & Palliative Care attorneys Meg Pekarske, Bryan Nowicki, and Andrew Brenton break down the latest Relief Fund guidance from HHS an...

In this episode, Meg Pekarske talks with Michael McHale who is President and CEO of TRU Community Care. Michael is a friend, colleague and hospice innovator. As a former board member of the National Hospice and Palliative Care Organization (“NHPCO”), Michael is always thinking of ways to lead proactive growth and change. He is driven to solutions by the fundamental question: “how can we better ser...

On Friday, April 10, the U.S. Department of Health and Human Services began disbursing $30 billion in relief funds directly to Medicare providers, including hospices. The use of those funds, however, is subject to a number of terms and conditions that raise significant questions. Failure to adhere to those terms and conditions could require a hospice to return those funds or result in liability du...

In today’s COVID-19 edition of the Hospice Labor and Employment Trends series, Meg Pekarske talks with colleague Tom O’Day about the Families First Coronavirus Response Act (FFCRA). As one of Husch Blackwell’s healthcare-focused employment attorneys, Tom is uniquely situated to interpret the FFCRA for healthcare providers of all kinds, including hospices.

Change is fast-paced in the world of COVID-19. On Monday, March 30th, CMS released an interim final rule along with hospice specific waivers. Your Hospice Team discusses these recent developments and their impact on telehealth, face-to-face encounters, virtual visits and Medicare appeals and audits.

In today’s episode, your Hospice Team shares insights on operationalizing recent government guidance for hospices facing coronavirus obstacles. We discuss the role of virtual visits, how to use telehealth, and the practical impact of the Medicare appeal waiver.

These are extraordinary times. COVID-19, or the novel coronavirus, has disrupted the life of every American and every business. Hospices are no exception. In fact, they are on the frontlines, responsible for providing care to the elderly, a population extremely susceptible to COVID-19. The Husch Blackwell Hospice Team is fundamentally a group of problem solvers, who are here with and for you durin...

In this episode, the hospice team discuss the latest round of audits from the Office of Inspector General (OIG) which focus on Durable Medical Equipment (DME), supplies and their “relatedness” to a patient’s terminal prognosis. Whether or not you are subject to these Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) audits, we share strategies for withstanding government scr...

In this episode, we share a lively discussion with colleague Jon Anderson on what should be front of mind for hospices in 2020 from a labor and employment perspective. Jon shares insights on what the new developments in wage and hour and employment discrimination laws mean for hospices across the country. We also delve into the important intersection between human resources and health care complia...

In this episode, the hospice team shares insights on how to manage and succeed in responding to additional documentation requests (“ADR”) stemming from Targeted Probe and Educate (“TPEs”) projects. We discuss the unique features of TPE and winning strategies for responding. Check out the Hospice Resource Library for tips and tools related to this episode.

In this episode, your hospice team discusses the exciting opportunities resulting from their move to a new law firm: Husch Blackwell. Their new home enhances their ability to provide wide-ranging and value-added counsel and problem-solving to hospices facing audits, surveys, enforcement activity, litigation, and regulatory concerns. It also augments their hospice expertise in areas like Medicare A...