Posted by: Robert Markette
June 20, 2006

I heard from one of the Home Health trade associations that the National Association for Home Care ("NAHC") has issued an update regarding the HHABN situation. For the most part, the release summarizes what has already happened. (Which isn't surprising, because there has not been a whole lot new to report.) Having said that, the update does offer some new tidbits. 

According to the update. the Centers for Medicare and Medicaid Services ("CMS") are still looking at fall for the new HHABN "rollout", even after the recent filing by the plaintiffs. According to NAHC, CMS intends to comply with the Paperwork Reduction Act requirements in releasing the next proposed HHABN. This means that there will be a thirty-day comment period after the revised HHABN is issued. CMS intends to issue the new HHABN in the next few weeks.

Based on this timeline, CMS intends that the new HHABN will not be implemented until early fall.

CMS's intentions depend upon the ruling from the District Court on the Plaintiffs' recent motion to the Court, which requested the Court order compliance by July 1. CMS’s deadline for responding is June 21, 2006. This means that the Court may not rule before next week. (Of course, the Court could rule tomorrow, you just never know with courts.)

NAHC continues to try to become involved in the litigation as either a party or a friend of the Court. NAHC is taking the position that the plaintiffs’ request for an injunction is an attempt to preempt the rights of the public to comment on any proposed paperwork requirements. (Which is true.) It will be interesting to see what, if anything, the Court has to say about the providers’ rights and the administrative requirements CMS must obey.

Keep in mind, the trial court in this case was not the court that issued the ruling requiring this effort. That was the court of appeals. The trial court may be more willing to recognize the limitations other laws place on CMS and that HHAs do have a right to comment. (Which means CMS can't simply issue a new HHABN on July 1.) Of course, there is no way to know for sure until the Court rules.

The main point is that a new HHABN should be issued by in a few weeks, for now CMS continues to state it will abide the Paperwork Reduction Act and, as a result, the new HHABN deadline won’t be until early fall.  In other words, for now July 1 is just a rumor.

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