Posted by: Robert Markette
June 05, 2006

With the announcement last week of the delay in implementing the new HHABN form, I have seen a number of discussions regarding whether you can use the new form or not. Everyone is in agreement that yes, you are free to use the new form now, if you so choose. Of course, my question is why would you? (I think most of you have already put your new HHABNs on the back burner, but if not, here is why you might want to do so for now.)

The entire purpose of the delay form CMS is to fine tune the new HHABN form and process. CMSs announcement last month made it clear that there will be changes. In fact, if you go back to the April Q&A, there had already been significant changes. It strikes me that there are a few reasons to simply stay with the old HHABN, unless you have already reached the point of no return.

The first, and most obvious, is that most providers were, understandably, not clear on the exact rules of its use. The original instructions were, at best, unclear. The April Q&A cleared a number of issues up, but still left many questions unanswered. The form itself has a few problems that providers have notice, including the option box one v. option box two issue.

Of course, if you are going to use the new HHABN, you will be training all of your employees on its use. The training will include everything from when to issue one to which option box to use. However, it is likely that those rules will change when the new instructions and revised forms are issued. This means that your employees will be trained on one form, use it for a few months and then have to be retrained all over again. This creates a rather large opportunity for confusion.

It would seem there is also a possibility for patient confusion, they keep receiving new and different notices, because CMS keeps changing what it wants you to do. Your patients may become confused as to why they keep getting new and different notices about their health care. I understand that notice is exactly what the second circuit is requiring, but if the notice becomes a point of confusion for your patients, what benefit is that to them.

The final reason to continue using the old HHABN is that the new HHABN and it s distribution requirements are rather burdensome. If you continue to use to old HHABN form, you can continue to follow your old policies and procedures for its use which will reduce the number of HHABNs you distribute over the next few months.

For these reasons, I would recommend putting your new HHABN rollout on hold until CMS finalizes what you need to do with them. (Of course, I am guessing most of you have done just that.)

News

The HHABN should you keep using the old form for now?

News

Health Care

Topics

Recent Updates

Archives

Web Resources



	Home \| Attorneys \| Contact Us \| Site Map
	The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2008 by Home Care Law Blog Gilliland & Markette LLP. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.