Home Health & Hospice Week

Budget :

More Fraud Enforcement, Hospital Bundling Proposed For HHAs

Plus: P4P gets renewed emphasis from influential senators.

With a new presidential administration and congressional majority itching to make sweeping health care changes, things soon could look very different for home care providers -- with some seriously negative consequences.

And a new report from the Medicare Trustees predicting the Part A trust fund's insolvency in just eight years is adding fuel to the legislative fire.

Increased emphasis on fraud and abusefighting activities is turning into a go-to solution for law- and policymakers looking for ways to trim the Medicare budget. In new 2010 budget proposal details released this month, President Obama proposes $485 million in savings due to "a multi-year increase in program integrity activities."

"The adjustment ... will enable the Centers for Medicare & Medicaid Services to more rapidly respond to emerging program integrity vulnerabilities through an increased capacity to identify excessive payments and new processes for identifying and correcting problems," budget documents say.

Good ROI: "We estimate that for every $1 we spend to stop fraud in the system, we save $1.55," new Health and Human Services Secretary Kathleen Sebelius says in a release. New fraudfighting efforts would prioritize Medicare Advantage and prescription drug plans, but fee-for-service providers would also be likely to see increased scrutiny, experts predict.

Senate Finance Committee ChairMax Baucus (D-Mont.) and Ranking Member Charles Grassley (R-Iowa) also like the idea of increasing fraudfighting efforts. The influential senators have released their own health care reform proposal that includes ideas such as beefing up pre-enrollment screening of providers using application fees, requiring surety bonds of all providers, imposing moratoria on new providers, improving databases used for PI activities, and increasing Medicare compliance requirements and penalties.

Meanwhile, the HHS Office of Inspector General is emphasizing the fraud-fighting tools already at its disposal. According to May 6 testimony by Inspector General Daniel Levinson before the Senate Special Committee onAging, the OIG is continuing to step up its enforcement actions.

Of the $2 trillion that the U.S. spends on health care each year, at least 3 percent (or over $60 billion annually) is lost to fraud, Levinson estimated.

The OIG launched 1,750 new health care fraud investigations during financial year 2008, he said.

The OIG also issued a warning reminding entities receiving stimulus bill funds that whistleblowers are protected from reprisals for reporting violations, abuse, etc.

Do YouWant To Depend On The Hospital For Payment?

Another idea popular with the Senate Finance Committee leadership and President Obama is bundling of post-acute and hospital payments to achieve improvement in hospital readmission rates.

30-day window: Under Baucus and Grassley's proposal, home care services begun within 30 days of a hospital stay would be subject to bundling with the hospital receiving the payment. "Hospitals or other eligible entities would receive the bundled payment for each patient served, regardless of whether the patient receives post-acute care services," the proposal explains. "No additional payments would be made to the hospital ... for readmissions during this timeframe andMedicare would no longer make separate payments to post-acute providers for care initiated within 30 days post-discharge."

The senators would phase in such bundling from 2015 to 2019.

In his budget plan, Obama calls for bundling payments to hospitals for acute and post-acute care even sooner, in 2013, points out the National Association for Home Care & Hospice. The administration expects the change to yield $820 million through 2014.

Post acute bundling "could be a windfall for hospitals that manipulate the system," NAHC's Val Halamandaris told the New York Times. "If hospitals are simply given a sum of money to pay for both acute and post acute care, some of them will yield to the temptation of keeping as much of the money as possible rather than providing the full measure of care to maintain the patient in optimum health and prevent re-hospitalization."

HHA executives are very opposed to the idea of depending on hospitals for their payments, they say.

Cuts Could DecimateAgencies

Obama's budget retains its proposed cuts for home care providers as well (see Eli's HCW, Vol. XVIII, No. 10, p. 74). "Sixty-five percent of home health agencies in Wisconsin would be running deficits" if the administration's recommendations are adopted, Mary Haynor of Horizon Home Care and Hospice in Brown Deer, Wis., tells the Associated Press. "That's not sustainable for our state."

But HHAs may have a hard time convincing lawmakers of that fact when the industry is showing double-digit profit margins on average, experts worry. If the congressional budget resolution is any indicator, however, agencies may be in luck -- the budget blueprint passed last month included no home care cuts.

P4P is back: Baucus and Grassley's proposal also suggests implementing pay for performance -- now termed "value-based purchasing" -- for HHAs and implementing infrastructure and payments for chronic care coordination. NAHC is in favor of both measures if they are implemented well, the trade group says.

HHAs have an uphill battle ahead as lawand policymakers scramble to find funding for overall health care reform. The Obama administration has set a $635 billion reserve fund over three years for such reform, and it will need a funding source.

"We don't have the money to go to the fundraisers that other [provider sectors] do," NAHC's William Dombi told the AP. "We're in the low five figures for our political action committee and others are in seven figures." That limits access to some legislators.