Update on NAHC Lawsuit over PDGM

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In July of 2023, the National Association for Home Care & Hospice (NAHC) filed litigation against the United States Department of Health and Human Services (HHS) in federal court in Washington, D.C., challenging the Centers for Medicare & Medicaid Services’ (CMS) implementation of the Home Health Patient-Driven Groupings Model (PDGM) “Budget Neutrality Adjustment.” CMS has applied payment rate reductions of 3.925 percent snd 2.89 percent in 2023 and […]

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NLRB Expands Definition of “Joint Employer” Yet Again

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The National Labor Relations Board (“Board”) published its final rule in the Federal Register, which has the effect of greatly expanding who may be considered a “joint employer” under the National Labor Relations Act (“Act”). Under the final rule published October 27, 2023, two or more companies are considered “joint employers” of particular employees if […]

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Florida Ruling on Private Duty Nursing & Implications for Medicaid Nationally

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Recently, a Federal Court decision in Florida directed the state to expand the availability of community-based services and move children in the Medicaid program out of institutional settings. As Ms. Elizabeth E. Hogue, Esq wrote in an explanation of the decision, the court ruling specifically identified deficiencies with the availability of Private Duty Nursing as a root cause of […]

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Florida Court Ruling on PDN & Implications for Medicaid Nationally

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Recently, a Federal Court decision in Florida directed the state to expand the availability of community-based services and move children in the Medicaid program out of institutional settings. As Ms. Elizabeth E. Hogue, Esq wrote in an explanation of the decision, the court ruling specifically identified deficiencies with the availability of Private Duty Nursing as a root cause of […]

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Florida Court Ruling on PDN & Implications for Medicaid Nationally

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Recently, a Federal Court decision in Florida directed the state to expand the availability of community-based services and move children in the Medicaid program out of institutional settings. As Ms. Elizabeth E. Hogue, Esq wrote in an explanation of the decision, the court ruling specifically identified deficiencies with the availability of Private Duty Nursing as […]

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New Perk for NAHC Members: Legal & Regulatory Resources

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Polsinelli Online Solutions for Home Care LLC Announces Referral Relationship with the National Association for Home Care & Hospice Polsinelli Online Solutions for Home Care LLC (POSH), an online compliance platform that offers home-based care providers a source for industry-specific guidance and state-specific forms and documents, has entered into a referral relationship with the National […]

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22 States Urge Biden Admin to Repeal COVID-19 Vaccine Mandate

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A group of 22 states is asking the Biden administration to withdraw the mandate requiring health care workers in any Medicare and Medicaid-funded facilities be vaccinated against COVID-19. The 39-page petition from the group, led by Austin Knudsen, the Attorney General of Montana, asks the U.S. Department of Health and Human Services (HHS) and the […]

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Supreme Court Rejects Challenge to COVID-19 Worker Vax Mandate

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On Monday, October 3, the United States Supreme Court rejected an appeal from ten states attorneys general, declining to hear their legal challenge to the COVID-19 health care worker vaccination mandate created by the Centers for Medicare & Medicaid Services. The mandate, which included exemptions for religious purposes, applied to about 10.4 million workers at care facilities that receive […]

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The Role of Litigation and Courts in Shaping Healthcare Policy

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The most recent episode of In the Trenches podcast, Bill Dombi, President of the National Association for Home Care & Hospice joins McDermott partner and program host Brian Stimson sits down with Michael Kimberly, co-chair of McDermott’s Supreme Court appellate practice, to the critical relationship between litigation and health care policy, including: Insights from Michael’s and Bill’s careers on the […]

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The Role of Litigation and Courts in Shaping Healthcare Policy

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The most recent episode of In the Trenches podcast, Bill Dombi, President of the National Association for Home Care & Hospice joins McDermott partner and program host Brian Stimson sits down with Michael Kimberly, co-chair of McDermott’s Supreme Court appellate practice, to the critical relationship between litigation and health care policy, including: Insights from Michael’s and Bill’s careers on the […]

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