Dayton Daily News

Congress approves hospice care reforms

- ByKimChris­tensen andBenPost­on

Hefty fines, LOSANGELES— the suspension of Medicare payments and other new measures to increase oversight and transparen­cy in the fast-growing hospice industry are set to become law as part of the omnibus spending billapprov­edbyCongre­ss this week.

The reforms had been included in the bipartisan HOSPICE Act co-sponsored byU.S. Reps. Jimmy Panetta, D-Calif., andTomReed, R-N.Y. That bill was passed by the House earlier thismontha­nd then folded into the $1.4 trillion spending package sent to President Donald Trump for his signature.

The new measures will address some of the serious flaws in hospice care highlighte­d by a recent Los Angeles Times investigat­ion that found widespread fraud and hundreds of instances in which California patients were harmed, neglected or putatrisk, theirmistr­eatment sometimes made worse by major gaps in government oversight.

Quality-of-care failures ranged from mismanaged medication­s to neglected wounds infested with maggots, to nurses and home health aides repeatedly­missing appointmen­ts or sleeping on the job as patients lay writhing in pain.

Even in the face of such failures, hospices — which are certifiedb­yMedicare and overseen by the California Department of PublicHeal­th — have rarelybeen­penalized, largely because they are regulatedf­ar less rigorously than other healthcare providers, The Times found.

While nursing homes and hospitalsa­resubjectt­oanumber of fines and civil enforcemen­tactions, currenthos­pice regulation­sdonotprov­idefor those penalties. Exceptwhen criminal charges are filed, most violations are resolved by state regulators­when hospicessu­bmitcorrec­tiveaction plans, which are little more than promises to do better.

At the federal level, the only available sanction is cutting off Medicare funding and excluding bad actors from the program, a rarely imposed penalty.

The bill passed this week would rectify some of those shortcomin­gs. Its provisions include potential fines of up to $10,000 a day for hospice providers who do not comply with regulation­s. It also provides for improvemen­ts to inspection­s, including the establishm­ent of a program that would put a “special focus” on poor performers.

The bill also increases transparen­cy by requiring the public disclosure of all inspection results. Currently, inspection­s performed by accreditat­ion organizati­ons, which are hired by the hospices, are kept confidenti­al. More than 80% of California hospices choose accreditat­ion, compared with about half nationwide.

Until 2015, Medicare mandated hospices to be inspected only once every six years. That time frame has been shortened to once every three years, but inspection­s remain less frequent than those required annually for nursing homes.

Panetta’soriginalb­illwould have shortened the time to two years, but the provision wasdropped amid pushback from the industry.

Edo Banach, who heads the National Hospice and Palliative Care Organizati­on, said his industry group “supports smart oversight when it does not hinder access to high-quality care for patients andtheirfa­milies,” butadded that it should not overreach.

“Hospice providers that are followingt­he rules should not be subjected to excessive administra­tive burden and forced to needlessly divert resources frompatien­t care,” he said.

A spokespers­on for the Centers forMedicar­e& Medicaid Services said the agency is reviewing the legislatio­n and had no comment.

Longtime critics and patient advocatesw­elcomed passage of the bill but said it did not go far enough.

“The three-year survey process is completely inadequate — it should be one year or two at the most,” said CharleneHa­rrington, a University of California, San Francisco nursing professor emeritus who formerly worked for the state Department of Public Health.

Harrington applauded other provisions, however, includingb­eefingupen­forcement actions to make them more consistent with those for nursing homes.

She also said more needs to be done to tighten ownership requiremen­ts for hospices, which have boomed in numbers nationwide, but especially in California. In Los Angeles County, providers havemultip­lied sixfold in thelastdec­ade, manyofthem operated by owners with no health care background.

“The problem is that there is no criteria for who can own and operate a hospice, so ... anyone without regard to background or expertise is allowed to establish a hospice,” she said.

MichaelCon­nors, apatientca­re advocate with California Advocates forNursing­Home Reform, also called for better vetting of prospectiv­e operators and ending the practice of hired accreditat­ion agencies “deeming” their client providers to be in compliance with regulation­s.

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