Strategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to Transform Change, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this series, we explore how hospic...
Jun 30, 2021•51 min•Ep. 42
After nearly half a year of silence, the U.S. Department of Health and Human Services finally provided direction on when providers need to submit Provider Relief Fund (“PRF”) compliance reports. In this episode, Husch Blackwell’s Meg Pekarske and Andrew Brenton discuss this and other PRF developments, including new deadlines by which providers must use their PRF payments and guidance on how to return those portions of PRF payments that remain unused....
Jun 22, 2021•18 min•Ep. 41
Privacy Series In this series, we will explore all things privacy. From HIPAA breaches, to updates on the information blocking rule, to privacy enforcement trends, hospices will learn what they need to know to stay current in this evolving area of law. Today's Episode: HIPAA Breaches - When It Is, and When It Is Not a Breach In today’s episode of our Hospice Privacy Series, Husch Blackwell’s Meg Pekarske is joined by colleagues Wakaba Tessier and Erin Burns , who share insights on the ins and ou...
Jun 16, 2021•44 min•Ep. 40
In today’s episode of Hospice Insights, Husch Blackwell’s Meg Pekarske shares her recent wide-ranging conversation with Dr. Kathleen Benton of Hospice Savannah, where they explore how good business planning starts and ends with good questions and strong ethics. Applying a “buy local” philosophy to healthcare, Kathleen sees her future intwined with that of her community in that their needs define her organization’s business plan. Whether it be expanding palliative care opportunities, opening a va...
Jun 02, 2021•59 min•Ep. 39
Hospice and the False Claims Act Series The False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal illness. Moreover, the relief funds disbursed by the government to hospices as a result of the COVID-19 pandemic add to the existing and substa...
May 19, 2021•45 min•Ep. 38
Hospice Audit Series Audits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct ...
May 05, 2021•29 min•Ep. 37
Hospice Audit Series Audits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct ...
Apr 21, 2021•25 min•Ep. 36
Hospice Audit Series Audits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct ...
Apr 14, 2021•21 min•Ep. 35
Hospice Audit Series Audits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct ...
Mar 31, 2021•43 min•Ep. 34
Hospice and the False Claims Act Series The False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal illness. Moreover, the relief funds disbursed by the government to hospices as a result of the COVID-19 pandemic add to the existing and substa...
Mar 17, 2021•49 min•Ep. 33
In this inaugural episode of our Hospice Audit Series, Husch Blackwell’s Meg Pekarske and Bryan Nowicki review three recent audit examples that resulted in multimillion-dollar extrapolated overpayments being thrown out by the Centers for Medicare & Medicaid Services. Meg and Bryan saved hospice clients over $50 million in alleged overpayments in these three audits alone! The strategies and arguments discussed on this podcast can help other hospices in similar situations. Information related ...
Mar 03, 2021•21 min•Ep. 32
Strategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to Transform Change, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this new series, we explore how ho...
Feb 17, 2021•55 min•Ep. 31
The “rules of the road” for Provider Relief Funds continue to evolve. Recent actions by Congress and the U.S. Department of Health and Human Services provide further clarification in key areas that are helpful to hospices. In this episode, Husch Blackwell’s Meg Pekarske and Andrew Brenton analyze the latest developments and share insights on calculating lost revenue and preparing for compliance reporting when it arrives....
Feb 03, 2021•35 min•Ep. 30
The latest COVID Relief and Funding law passed in December 2020 brings dramatic changes to the hospice survey process. While CMS will need to engage in future rulemaking to implement the new framework, Congress created a clear outline that includes significant financial remedies and makes all survey results publicly available. In this episode, Husch Blackwell's Meg Pekarske breaks down key components of the legislation with Hospice & Palliative Care team members Bryan Nowicki , Emily Park an...
Jan 27, 2021•45 min•Ep. 29
In this episode, Husch Blackwell's Meg Pekarske is joined by colleagues Jenna Brofsky , Erica Ash and Wakaba Tessier who provide an update on the legal landscape related to COVID-19 testing and vaccinations. Their conversation explores the liability protections provided by the PREP Act and the legal considerations hospices need to account for when establishing a vaccination program. They break down the latest EEOC vaccination guidance and what it means for hospices as employers, and offer practi...
Jan 13, 2021•49 min•Ep. 28
In today’s conversation Husch Blackwell's Meg Pekarske sits down with William Finn , the CEO of Hospice of the Western Reserve, where they share stories of change, innovation and opportunity in hospice and palliative care. Bill, Meg likes to say, is a man who is always “up to something.” He sees change on the horizon and leans into the opportunities it provides. During his tenure at Hospice of the Western Reserve, he has expanded the depth and breadth of the organization through new partnerships...
Jan 06, 2021•52 min•Ep. 27
Join Husch Blackwell's Meg Pekarske as she further explores good governance in hospice. In this conversation, Meg is joined by fellow attorney Stephanie E. Kaiser as they delve into the details about how a “good” board functions, what are the common attributes and how you can measure performance. They discuss the role of sub-committees and term limits, what makes a good board agenda and minutes, and the essential elements of effective board infrastructure. If you like this episode, the next sess...
Dec 16, 2020•56 min•Ep. 26
With all that 2020 has brought, the Information Blocking Rule that came out of the Cures Act was under the radar of many hospices. Thankfully, HHS extended the compliance date for the Rule to April 5, 2021, from November 2, 2020. With this additional time, hospices need to evaluate how they will achieve compliance; what policies they need to update; the work they need to do with their EMR vendor; and their rollout to patients, families and staff. In this conversation, Husch Blackwell's Meg Pekar...
Dec 02, 2020•37 min•Ep. 25
The AseraCare court decision benefited hospices and physicians, particularly by recognizing the uncertainty surrounding prognostication of a six-month life expectancy and the principle that two physicians can disagree about prognostication and neither be wrong. The decision’s future, however, is uncertain, as the U.S. Supreme Court may weigh in. In this episode, Meg Pekarske is joined by Bryan Nowicki , Joe Diedrich and Jody Rudman to discuss their work in representing national hospice, physicia...
Nov 11, 2020•57 min•Ep. 24
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 mortality and what impact the growth of Hospice & Palliative Care has had on how we meet the challenges...
Oct 28, 2020•54 min•Ep. 23
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 and Liz LaFoe about several recent reform efforts and how they may impact future enforcement related ...
Oct 14, 2020•49 min•Ep. 22
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 reporting requirements, and discuss what these changes may mean for hospices....
Sep 30, 2020•45 min•Ep. 21
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 down what good governance looks like in action. Stephanie debunks common misconceptions on what defi...
Sep 16, 2020•1 hr 3 min•Ep. 20
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 union activity at the outset and can use proven human resource best practices to effectively prevent a un...
Sep 02, 2020•50 min•Ep. 19
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 Hospice Regulatory Conditions of Payment...
Aug 21, 2020•46 min•Ep. 18
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 evolving CMS requirements. In this episode, Meg Pekarske and Bryan Nowicki discuss the increased signif...
Aug 05, 2020•41 min•Ep. 17
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-hand insight into CMS’s QIC Telephone Discussion Demonstration....
Jul 22, 2020•57 min•Ep. 16
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 opportunities that cross our paths can be defining moments for organizations. Carla is an engaging leader who ...
Jul 08, 2020•1 hr 7 min•Ep. 15
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. Two subsequent court decisions, however, threaten to roll-back the Aseracare holding and reintrodu...
Jun 24, 2020•39 min•Ep. 14
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 down these requirements and discuss their implications for hospices. Among other things, the attorn...
Jun 10, 2020•36 min•Ep. 13
