Hello, everyone!
Here are some home health related updates for this week:
AMITY’S NEWS
PLEASE BE ON LOOKOUT FOR OUR SPECIAL EDITION OF AMITY’S NEWS ON DECEMBER 17, 2021
NATIONAL NEWS
Courts Block Enforcement of Vaccination Mandates
As it was announced on December 1, 2021, recent court rulings have blocked implementation and enforcement of federal COVID-19 vaccination mandates, including provisions of the recent Interim Final Rule that required Medicare and Medicaid providers subject to Medicare conditions of participation to have all staff vaccinated with some exceptions.
This decision temporarily blocks the implementation of the federal mandate in all 50 states (please be sure to check on the individual state requirements that may continue to be in effect).
Additionally, on December 2, 2021, CMS posted memo QSO-22-04-ALL notifying state survey agency directors that it has suspended activities related to the implementation and enforcement of the vaccine mandate rule due to the preliminary injunctions that are in effect. As a result, surveyors must not survey providers for compliance with the requirements of the Interim Final Rule. Since enforcement of the rule is pending the outcome of the litigation, providers may suspend efforts to comply with the CMS/HHS rule at this time. However, home health agencies and hospices may voluntarily choose to comply with the Interim Final Rule.
This is a very fluid situation and we will continue to closely monitor it and update you, as appropriate.
Meanwhile, we would like to share with you the statement issued by the National Association for Home Care and Hospice (NAHC):
“We are advising NAHC members to continue to undertake, in good faith, all necessary measures to be compliant with Phase 1 and Phase 2 requirements of the rule except for any steps that would have been taken with staff that are not vaccinated or subject to an exception. We further advise providers to document any barriers to compliance.
With the fate of the various on-going U.S. District Court lawsuits uncertain, we believe it is incumbent upon providers to operate in good faith throughout to achieve compliance. Ultimately, we anticipate that the legal issues will either be subject to a higher court’s ruling, or the Administration will take actions to modify its rules. It remains possible that the District Court rulings will be reversed and that the original compliance deadlines will be held in place. While that outcome is not highly likely, a good faith compliance effort will be the best protection a provider can have against any enforcement action.”
OASIS-D Instrument Use Extended
On November 23rd, 2021 the Office of Management and Budget (OMB) approved the extension for the continued use of the Outcome and Assessment Information Set (OASIS)-D instrument. The new expiration date is November 30, 2024. Providers collecting OASIS on paper may use up any current inventory prior to using the instruments with the updated expiration date. Versions of the OASIS-D Data Set with the updated OMB expiration notice may be found on the Centers for Medicare & Medicaid Services (CMS) Home Health Quality Reporting Program OASIS Data Set webpage found in the Downloads section of the OASIS Data Sets webpage: https://www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/HomeHealthQualityInits/OASIS-Data-Sets
Please note that due to the COVID-19 related Public Health Emergency, the next version of the OASIS, OASIS-E, planned for implementation 1/1/2021, is delayed until 1/1/2023. The current version of the OASIS-D data set is due to expire on 12/31/2021 and therefore requires renewal approval by the OMB. The OMB approval time frame for information collections, such as the OASIS instrument, is for three years, hence the November 23, 2024 expiration date for the renewed OASIS-D data set. However, this renewal does not change the requirement by CMS for home health agencies to begin using the OASIS-E data set beginning January 1, 2023.
Home Health Prospective Payment System (HH PPS) Rate Update for Calendar Year (CY) 2022
As you know, the Medicare HH PPS updates the rates it pays to Home Health Agencies for providing home health services annually as Section 1895(b)(3)(B) of the Social Security Act (the Act) requires. The CY 2022 HH PPS rate update includes changes to the 30-day period payment rates, the national per-visit amounts, and the cost-per-unit payment amounts used for calculating outlier payments under the HH PPS. For more information on the rates update, please review the Medicare Learning Network article at https://www.cms.gov/files/document/mm12509-home-health-prospective-payment-system-hh-pps-rate-update-calendar-year-cy-2022.pdf
Educational Opportunity
Do not miss an opportunity to attend 2021 Alliance for Home Health Quality and Innovation (AHHQI) Home Health Chartbook webinar on December 16, 2021 @ 2:00 pm – 3:00 pm ET.
The Home Health Chartbook summarizes and analyzes statistics on home health from a range of government sources. The Chartbook offers a glimpse of home health patients, the home health workforce, organizational trends, and the economic contribution of home health agencies. The Chartbook includes updated statistics from the Bureau of Labor Statistics, the U.S. Department of Commerce, Medicare Cost Reports, Home Health Compare, Medicare fee-for-service claims, the Medicare Current Beneficiary Survey, and other data from CMS. This year’s Chartbook features data from 2020 and includes clinical profiles of patients, workforce trends, and more.
The webinar will serve as an overview for the 2021 AHHQI Home Health Chartbook, how to use it, key data from this year’s edition, and more.
You can Download a copy of the 2021 AHHQI Home Health Chartbook today! To register for a free webinar, please go to Register Now
COLORADO NEWS
Vaccination Reporting
Please note that even though the implementation of the federal COVID-19 vaccination mandate was placed on hold, Colorado’s COVID-19 vaccination mandate remains to be in effect and requires ongoing compliance from the providers.
Please remember that the reporting of health care workers who have been COVID-19 vaccinated is required into the Colorado Health Facilities Interactive (COHFI) system on the 1st and 15th of every month. CDPHE alerted the providers to the fact that reporting before a reporting date will result in non-compliance for the current reporting period.
Providers now have access to the health facility vaccine dashboard, where you can check staff vaccination information for all licensed health care facilities, as well as access a new vaccination reporting self check tool. This tool allows providers to check your facility data and to see date and timestamps for each submission. The data found in the tool is updated every four hours.
If you are having difficulties with reporting your COVID-19 vaccination rates, please follow a step-by-step overview of COVID-19 reporting at https://sites.google.com/state.co.us/cohfiprovidermanual/vaccination-reporting/covid-19-vaccination-reporting
Notice of Public Rulemaking Hearing, December 15, 2021 – 6 CCR 1011-1, Chapter 26 – Home Care Agencies & 6 CCR 1011-
1, Chapter 2 COVID-19 Vaccination Mandate
Please note that there will be two important Colorado rulemaking hearings on December 15, 2021
- The Board of Health will meet on December 15th, 2021 to consider
the amendments to 6 CCR 1011- 1 Chapter 26, Home Care Agencies.
The proposed revisions can be found here.
For the December 15th meeting, the Board of Health will require all individuals who wish to provide public testimony to sign-up in advance at this link. Public testimony will be limited to one (1) hour, and signing up to testify does not guarantee there will be time for all individuals to testify at the hearing.
To ensure your voice is heard, the Board encourages individuals to submit written testimony in advance of the meeting. Please email cdphe.bohrequests@state.co.us regarding any questions you may have or if you would like to provide public comment or written testimony.
- On August 30, 2021, the Board of Health adopted emergency revisions to 6 CCR 1011-1,
Chapter 2 that established a requirement for all employees, direct contractors, and support staff to become fully vaccinated against COVID-19. Since that time, the Department has been working on revisions to these regulations, which will be presented to the Board of Health on December 15, 2021.
The proposed revisions can be found here.
For the December 15th meeting, the Board of Health will require all individuals who wish to provide public testimony to sign-up in advance at this link. Public testimony will be limited to one (1) hour, and signing up to testify does not guarantee there will be time for all individuals to testify at the hearing.
To ensure your voice is heard, the Board encourages individuals to submit written testimony in advance of the meeting. Please email cdphe.bohrequests@state.co.us regarding any questions you may have or if you would like to provide public comment or written testimony.
The advance sign up forms close Tuesday, December 14th at 5:00pm
December 15, 2021 Meeting Agenda and Zoom Link.
Private Duty Nursing and Pediatric Long Term Home Health PARs Updates
Please note that on December 2, 2021, the Colorado Department of Health Care Policy and Financing issued updated guidance regarding prior authorization requests for Home Health Agencies providing Private Duty Nursing and Pediatric Long Term Home Health. The updated guidance is described in the Operational Memo 21-081 that can be found at https://hcpf.colorado.gov/sites/hcpf/files/HCPF%20OM%2021-081%20Private%20Duty%20Nursing%20And%20Pediatric%20Long%20Term%20Home%20Health%20Prior%20Authorizations%20During%20Kepro%20Phased%20Implementation%20%281%29.pdf
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Thank you,
Irina Gorovaya, RN BSN, MBA
Amity Healthcare Group, LLC
Home Health Consulting, Education and Outsourcing Services
720-353-7249 (cell) 303-690-2749 (office) 720-398-6200 (fax)