Skip to content

News Roundup: Medicare 2023 Proposed Payment Rule Lawsuit

News Roundup: Medicare 2023 Proposed Payment Rule Lawsuit

Medicare Government Affairs & Advocacy

The following news coverage focuses on a class action lawsuit that has been filed in federal court in response to the Centers for Medicare & Medicaid Services (CMS) proposed rule, which calls for a -4.2% Medicare payment cut ($810 million) in 2023 for home health agencies. According to the lawsuit against U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra, CMS has failed to administer Medicare's home health benefit properly.

A decision is expected by the end of this month regarding the proposed rule. As the legal proceedings get underway, please contact your federal lawmakers and urge them to support legislation to prevent devastating cuts to Medicare's home health benefit. Make your voice heard now by visiting HCAF's Medicare Payment Rule Advocacy Center.

‘Come Home To Roost’: Lawsuit Filed Against HHS Over Home Health Care Shortcomings

Home Health Care News, 10/7/11

A class action lawsuit against the Secretary of the U.S. Department of Health and Human Services (HHS) is accusing the federal agency of failing to properly administer the Medicare home health benefit.

Although the lawsuit may come as a surprise to some, it doesn’t for Bill Dombi, the president of the National Association for Home Care & Hospice (NAHC).

“The actions of CMS and other policy changes have come home to roost,” Dombi told Home Health Care News. “We have seen a serious deterioration with the scope of services that are ultimately provided under the benefit. The deterioration has not been triggered by home health agencies or them shortchanging what they think patients need. It’s been the Medicare benefit shortchanging people.”

Read More

Home Health Services Patients Sue HHS Secretary Over Medicare Policy

The Hill, 10/11/11

A lawsuit filed against Health and Human Services (HHS) Secretary Xavier Becerra alleges the policies maintained by his department are restricting access to home health aide services for Medicare beneficiaries who are disabled or live with chronic conditions.

The suit was filed by a group of Medicare beneficiaries across multiple states as well as some health care advocacy groups earlier this month.

The plaintiffs alleged that Becerra has “adopted policies and practices that impede and restrict the availability and accessibility of Medicare-covered home health aide services for eligible beneficiaries with chronic, disabling conditions.”

Read More

NAHC Supports Class Action Lawsuit Against HHS Secretary

McKnight's Home Care, 10/11/22

The National Association for Home Care & Hospice is applauding a class action lawsuit against Health and Human Services Secretary Xavier Becerra over Medicare coverage of home health benefits.

Still, NAHC President William Dombi told McKnight’s Home Care Daily Pulse it could be a tough case to win.

“It’s not an easy case because you have to prove systemically that Medicare is not doing its job and administering the program as compared to individualized weaknesses and errors,” Dombi said. “That is going to be the biggest challenge here … but it also is something that may set up discussions with CMS in improving their performance.”

Read More

Opinion: Medicare's Cuts to Home Health are a Step in the Wrong Direction

STAT, 10/11/11

My grandmother lived at the top of a hill overlooking the magical mountains and valleys of the Ozarks until the day we literally had to drag her off of it. Our family was spread out across Texas and California working full time, so no one was able to check in on her regularly. When she had home health workers, they helped with her medications and recovery after shoulder surgery. Overly friendly neighbors also helped by changing her will and emptying her bank accounts — a story for another day.

Advocates for seniors must step up to protect access to home health services. Lawmakers in Congress have introduced the Preserving Access to Home Health Act of 2022 (H.R. 8581 and S. 4605). This bipartisan legislation, currently before the House and Senate, would prevent Medicare from imposing these cuts until 2026, ensuring that people have continued access to care and giving providers the stability they need while Medicare takes more time to hone its payment system.

Read More

Powered By GrowthZone