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HHABNs may be here sooner than you think.

Posted by: Robert Markette
June 08, 2006

You may recall that the entire HHABN mess was the result of a lawsuit filed by home health beneficiaries against CMS. The plaintiffs’ attorneys are rather upset by CMS’ delay in implementing the news HHABN and have filed a motion with the federal court asking the court to order CMS to implement the new HHABN by July 1. (I have wondered my self why the Plaintiff’s attorneys did not object to the length of time this was taking.) Once again, the lawyers are mucking up the system.

Given the period of time that has passed since the court’s original ruling in this matter, the court is likely to be annoyed by the delay as well. As a result, the court could rule that CMS must comply with the original court order more quickly. This would mean the promised delay of until at least September 1 would disappear.

It is hard to predict what a court will do, but hopefully the Court will recognize that implementing a major change to one of the conditions of participation, especially one that will dramatically increase the burden on Home health agencies should not be done in a haphazard of cavalier fashion.

The issue that concerned the Court was that home health beneficiaries receive proper notice of changes in their care. Implementing a poorly conceived HHABN system is not likely to address the court’s concern and, as many have noted, may only increase the beneficiaries’ confusion.

If the Court rules in the Plaintiff’s favor, expect CMS to require a rapid implementation of some form of the HHABN. Even with the confusion that could result, I would anticipate a Court ruling favorable to the plaintiffs would result in the new HHABNs becoming required under the guidance of an additional frequently asked questions document at a date much earlier than September 1. CMS would most likely implement a revision later. (Of course, there are other ways to do it, but the forms are already available a are the instructions and guidance and that would be the fastest way to respond.)

I say this to put you on notice that the new HHABN may become a requirement sooner than you think and you should be aware of the possibility. 		        

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