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Articles by Andrew Brenton
Ready, Fire, Aim: The CY 2027 Home Health Proposed Rule's Shoot-First Approach to Provider Enrollment
This transcript is auto generated 00;00;00;00 - 00;00;26;26 Bryan Nowicki Hello and welcome to Hospice Insights: The Law and Beyond, where we connect you to what matters in the ever-changing world of hospice and palliative care. Ready, Fire, Aim: The Calendar Year 2027 Home Health Proposed Rule’s Shoot-First Approach to Provider Enrollment. Andrew, how are you doing? It's great to have you on the podcast. 00;00;26;29 - 00;00;31;18 Andrew Brenton Hey, Bryan, I'm doing great.
CMS Nationwide Moratoria for New Hospice and Home Health Enrollments
Earlier yesterday, the Centers for Medicare & Medicaid Services (CMS) announced nationwide moratoria for new enrollments of hospice and home health providers effective May 13, 2026. Providers can access the CMS press release (here), a set of CMS Q&As (here), and the proposed regulatory notices for hospice and home health, respectively: (hospice), (home health).
Insights from the FY 2026 Hospice Final Rule: Important Changes to Hospice Face-to-Face Attestation Requirements | JD Supra
In case you missed it, CMS’s FY 2026 hospice wage index final rule brought notable changes to the face-to-face (“F2F”) attestation requirements effective October 1, 2025. Overall, these changes, which we will highlight in this article, reduce administrative burdens for hospice providers.
Practical Tips for Avoiding Common Mistakes with the 855 Medicare Enrollment Form | JD Supra
Medicare provider enrollment and the infamous CMS 855 Form rarely make for headline-grabbing topics. Nevertheless, the consequences of mismanaging your Medicare provider enrollment record can be severe, including deactivation of your Medicare billing privileges and disruption of your cashflow. As attorneys who regularly help providers untangle these issues, we focus on helping organizations sidestep avoidable headaches.
Strategic Restructuring For The Future, Think Before You Sign: Five Key Insights For VBID And Managed Care Contracts (Podcast)
United States: Strategic Restructuring For The Future, Think Before You Sign: Five Key Insights For VBID And Managed Care Contracts (Podcast) 06 December 2021 by Meg S. L. Pekarske and Andrew Brenton Husch Blackwell LLP To print this article, all you need is to be registered or login on Mondaq.com.
Strategic Restructuring for the Future, Think Before You Sign: Five Key Insights for VBID and Managed Care Contracts
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?
Strategic Restructuring for the Future - Think Before You Sign: Five Key Insights for VBID and Managed Care Contracts | JD Supra
Private payor contracts will define future revenue for hospices. Whether it be Medicare Advantage Value-Based Insurance Design (VBID) contracts for hospice services or for upstream non-hospice services (palliative and supportive care), the rules of the road will be defined by what hospices negotiate with payors. In this episode, Husch Blackwell’s Meg Pekarske and Andrew Brenton unpack five takeaways learned in working with hospices on their managed care contracts.
Parsing Out Changes In The Election Addendum Made By The Final Hospice Wage Index Rule
United States: Parsing Out Changes In The Election Addendum Made By The Final Hospice Wage Index Rule 01 September 2021 by Meg S. L. Pekarske and Andrew Brenton Husch Blackwell LLP To print this article, all you need is to be registered or login on Mondaq.com. By October 1, 2021, hospices will need to update their election addendum form to address a change made by the Centers for Medicare & Medicaid Services (CMS) in the final rule.
COVID-19 Hospice How-To Series: New Deadlines Announced For Reporting On And Using Your Provider Relief Fund Payments (Podcast)
United States: COVID-19 Hospice How-To Series: New Deadlines Announced For Reporting On And Using Your Provider Relief Fund Payments (Podcast) 25 June 2021 by Meg S. L. Pekarske and Andrew Brenton Husch Blackwell LLP To print this article, all you need is to be registered or login on Mondaq.com. 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.
COVID-19 Hospice How-To Series: New Deadlines Announced for Reporting on and Using Your Provider Relief Fund Payments
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.
COVID-19 Hospice How-To Series: The Latest on Using and Reporting Your Provider Relief Funds
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 we analyze the latest developments and share insights on calculating lost revenue and preparing for compliance reporting when it arrives.
COVID-19 Hospice How-To Series: The Government Yet Again Updates Rules For FFCRA Paid Leave And Provider Relief Fund Reporting
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COVID-19 Hospice How-To Series: The Government Yet Again Updates Rules for FFCRA Paid Leave and Provider Relief Fund Reporting
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.
HHS Releases New Details On Provider Relief Fund Reporting Requirements | JD Supra
On September 19, 2020, the U.S. Department of Health and Human Services (HHS) released long-awaited details about upcoming reporting requirements for certain providers that accepted funding of one or more payments exceeding $10,000 from the Provider Relief Fund (PRF). Key aspects of HHS’ new PRF reporting guidance are summarized below.
HHS Releases New Details on Provider Relief Fund Reporting Requirements
On September 19, 2020, the U.S. Department of Health and Human Services (HHS) released long-awaited details about upcoming reporting requirements for certain providers that accepted funding of one or more payments exceeding $10,000 from the Provider Relief Fund (PRF). Key aspects of HHS’ new PRF reporting guidance are summarized in today’s legal alert.
No Delay for Hospices: October 1st Brings New Election and Addendum Requirements
The hospice industry expressed collective disappointment when the Centers for Medicare & Medicaid Services declined additional time for implementing new election statement and addendum requirements. On October 1, 2020, hospices will need updated forms, processes and training to address new payment conditions. In this episode, Meg Pekarske and Andrew Brenton review the new rule’s key takeaways and flexibilities, and discuss navigating compliance.
COVID-19 Hospice How-To Series: A Pleasant Surprise For Hospices As HHS Lifts Relief Fund July 10th Quarterly Compliance Report Deadline | JD Supra
Under new guidance from the U.S. Department of Health and Human Services (HHS), hospices and other providers who received CARES Act Provider Relief Fund payments can hold off on filing their first quarterly compliance report, slated to be due on July 10, 2020.[1] Instead, HHS states that it will develop its own report and this report itself will contain “all information necessary for recipients of Provider Relief Fund payments to comply with” the quarterly reporting requirements under the...
CARES Act Provider Relief Fund: Connecting HHS's Dots On Whether Your Tranche #1 Payment Is An Overpayment | JD Supra
After the U.S. Department of Health and Human Services (HHS) automatically distributed $30 billion to providers as Tranche #1 Relief Fund payments based on 2019 Medicare fee-for-service payment data, HHS subsequently released a new formula that was based on 2018 “program service revenue” and intended to calculate providers’ payments under Relief Fund Tranches #1 and #2 cumulatively.
Hospice Telehealth Flowchart | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Tools for Your Hospice Tool Box: Telehealth Flowchart for Billable Hospice Physician and Nurse Practitioner Services During the COVID-19 Pandemic
The Centers for Medicare and Medicaid Services (“CMS”) confirmed that hospice physicians and nurse practitioners who serve as a patient’s attending physician (“NPs”) can use telehealth to perform medically necessary visits during the COVID-19 pandemic.
COVID-19 Hospice How-To Series: Recent Developments Regarding Telehealth, Virtual Visits, and Medicare Audits and Appeals
I lead the litigation and internal investigation efforts within Husch Blackwell’s Hospice and Palliative Care Practice Group. I work with hospices and healthcare providers across the country on a range of litigation, regulatory, compliance, and business matters. I represent clients in False Claims… I lead the litigation and internal investigation efforts within Husch Blackwell’s Hospice and Palliative Care Practice Group.
COVID-19 Hospice How-To Series: Insights and Strategies for Virtual Visits, Telehealth and Medicare Appeals
In this episode, your Hospice Team shares insights on operationalizing recent government guidance for hospices facing coronavirus obstacles. We discuss the role of virtual visits, how to use telehealth, and the practical impact of the Medicare appeal waiver. Listen to the full episode here: https://bit.ly/2JmhkMV
COVID-19 Hospice How-To Series: Taking Advantage of the Temporary Quality Reporting Data Submission Relief
On March 22, 2020, the Centers for Medicare and Medicaid Services (“CMS”) temporarily lifted the requirements for hospices to submit Hospice Item Set (“HIS”) data and hospice Consumer Assessment of Healthcare Providers and Systems (“CAHPS”) survey data. Prior to CMS’s action, failure to comply with these data reporting requirements of the Hospice Quality Reporting Program (“HQRP”), absent an exception, resulted in a 2 percent reduction to a hospice’s annual Medicare payment update.
Tools for Your Hospice Tool Box: If Nursing Facilities Are Improperly Restricting Access to Hospice Personnel During the COVID-19 Pandemic, We Have a Tool That Can Help | LexBlog
The Husch Blackwell Hospice Team has been receiving reports from hospices throughout the country that nursing facilities are prohibiting hospice workers from entering the facility to provide essential end-of-life care to hospice patients. Such access is being denied pursuant to visitor restrictions. However, hospice personnel are not visitors but are recognized by the Centers for Medicare and Medicaid Services (“CMS”) as essential health care personnel who must be given access.
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