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Thought Leadership

Check the Mail: Are You Getting a 4% Rate Cut?

 
Podcast

    

It’s that time of year again when HIS and CAHPS non-compliance letters are sent out. While it can be an uphill battle, all may not be lost if you receive a notice of non-compliance. Join Husch Blackwell's Meg Pekarske as she talks with Jacob Harris, who shares insights on what matters in these appeals and how he helped so many hospices across the country over the last several years avoid detrimental rate cuts. The key takeaways are: 1. don’t assume nothing can be done and 2. it’s always worth exploring whether your facts may warrant pursuing an appeal.

Read the Transcript

This transcript has been auto generated

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hello and welcome to Hospice Insights

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the lawn Beyond where we connect you to

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what matters in the ever-changing world

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of hospice and palliative

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Care check the mail are you getting a 4%

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rate cut Jake Harris here you are yet

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again for like I think we're counting

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before the podcast began this is the

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fourth year we've been on the cycle of

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having conversations around this time of

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year it is it's certainly that time of

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year uh Midsummer uh when those dreaded

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letters come in um and and thankfully as

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we'll discuss in a little bit uh we've

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got a lot of experience dealing with

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them yeah it's like a mosquito like the

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mosquitoes swarm in July I got

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mosquitoes on the mine because it is wet

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and hot and humid here in little old

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Wisconsin which is also where you happen

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to be Jake too so that's right so

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mosquitoes come these hiis cap

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non-compliance letters come the same

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time and obviously what it was it last

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year they increased the penalty to

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4% and it was previously 2% and so this

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really does have I mean most people are

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running pretty small margins and so so

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if you're going to add um you know a ray

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cut it's pretty significant and I think

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that a lot of people probably were like

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I never have to deal with one of these

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non-compliance letters and then it's

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like well that's introduce you to Jake

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because Jake I don't know how many we've

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dealt with over the last four years and

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a lot you know they were all like good

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providers that for a whole variety of

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different reasons obviously Co played

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early on in these appeals in the first

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year or two but um a lot of good

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providers sometimes get these letters

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too because you could have had some

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snapu with goodness knows what so yeah

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yeah absolutely um that timeliness

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requirement is Relentless right where

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it's within 30 days of the event date

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that quality data needs to not only be

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reported or submitted to the government

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but also the data needs to be

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successfully accepted

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which oftentimes there are technical

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difficulties that prevent that from

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happening in a timely manner um and the

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system is fairly automated in terms of

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if you don't have 90% of the data

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reported within 30 days of the event

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date during the the applicable calendar

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year you will receive one of these

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letters um and I I I think the first

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step Meg is really to make sure that

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you're on the lookout for the letter

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itself um because that could come in in

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one of two ways uh it could come in the

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mail or it could come in your Casper

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folder so throughout the month of July

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and probably into August to be safe

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providers will want to be uh checking

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the Casper folder checking their mail uh

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to make sure that there is not one of

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these letters in there because

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unfortunately one defense that never

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works is to say well we didn't receive

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the letter yeah yeah exactly

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that that generally does does not work

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and then you're like proving a negative

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like well but I didn't get it and H that

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gets to be very testy and I think that

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even people who think like oh yeah I'm

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compliant my internal record show I'm

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fine um you still should look in these

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places because you said something really

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important is it needs to be SE

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successfully transmitted and in the

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years of working on these Appeals people

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thought they successfully transmitted

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things that for whatever reason did not

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and so so anyway there can just people

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might be expecting these letters they

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also could perhaps not be expecting them

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and then because maybe this isn't the

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case any longer but a lot of people

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didn't know like how to find this in

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their Casper file and stuff I know

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you've had to walk through with the

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number of clients like where to look for

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stuff and people are like I never go

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there sure and you know particularly

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depending on where you maintain your

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business address uh and where people may

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or may not have been working during the

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pandemic right there's a lot more remote

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work um you know things would get lost

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in the mail with a lot more frequency

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than maybe what we saw five or 10 years

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ago so be checking in person be checking

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electronically um again throughout the

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month of July and you know if you get

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one of these letters you want to catch

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it early because the reconsideration

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period typically closes sometime in mid

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August and we'll want to have time

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whether we're working with you or

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whether you're doing it yourself uh to

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prepare a reconsideration request that

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gives you the best chance of reversing

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this 4% penalty yeah so I think that we

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prior to four years ago I think I worked

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on like one or two of these and then now

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we've worked on countless to great

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success and I think

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to you know lawyers don't often feel

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like they work magic but I think clients

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felt like we worked some magic over the

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last couple years because they were

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pretty blown away that we were able to

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to win a lot of these and so I guess

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walk us through and and again Co was

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sort of an anomaly but last year we you

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know

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had success where covid was less of a

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factor and there was willingness to to

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consider facts and I I remember one of

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those cases there was a lot of issues

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around like people were a newly enrolled

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provider and so there was like delays

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with the mac and like getting whatever

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number you have to get to you know

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submit this stuff or whatever and so but

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tell us some of the things that you know

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go into to why you might get one of

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these letters and and what to do about

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it sure so what we touched on before uh

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technical difficulties with respect to

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the acceptance on the government's end

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of the data that the provider is

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submitting right so you might think well

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you know we're submitting these every

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couple weeks and so therefore with a

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30-day requirement we're absolutely

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going to be timely uh every time um but

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that's not necessarily the case if you

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haven't

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verified that the data was successfully

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accepted and then if it's not

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successfully accepted uh successfully um

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troubleshooting that within the 30-day

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period um so that it can be successfully

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accepted you know there there have been

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staffing issues right with with some of

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our providers where you know the right

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hand's just not talking to the left hand

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and thinks okay this person's got it

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I've assigned them to submit all the his

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data or all the Caps data um and it's

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just not getting done for one reason or

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another we know a lot of providers

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continue to face staff shortages even a

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couple years out from uh you know what

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we kind of consider the end of the

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pandemic uh and so that has caused uh

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some submissions to not be timely there

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are so there are any number of reasons

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the new the new provider example I think

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is a good one as well you know the the

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CMS requirement is that as soon as you

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receive that CCN notification letter

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that starts the clock that starts uh in

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in terms of your reporting requirement

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um and so then it's it's going to be 30

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days after each event date well there's

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oftentimes a difference between the time

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that you receive that letter and the

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time that you are technically set up uh

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with the capability necessary to submit

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the data um and so that's like the new

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provider example because yeah that gap

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between the CCN I got my number I'm all

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set to go and then yeah getting set up

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to submit as something totally different

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exactly exactly well you know those are

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all examples of of things that can

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happen um that would push your

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timeliness compliance rate for the

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calendar year below

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90% yeah and we've learned interesting

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and and really like Oddball things as

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we're working on this and one of the

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things was only two people like there

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can only be two logins or something and

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so like you have someone who an employee

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with a TR tragic event and then like

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trying to get that number I mean it's

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just there's some real limitations in

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how the system works and I to your point

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too because people are working from

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different locations like if I I know

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there's been thoughts about does

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internet connection like not uh somehow

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impact things or whatever I mean it's

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there's a lot of Oddball things that

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we've run into absolutely this process

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is ripe with pitfalls such that even the

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most diligent provider can easily fall

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below 90% in a given calendar year and

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you touched on a couple of them Meg one

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of which is the fact that the government

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actually only allows each provider to um

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designate two individuals to submit this

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data um on a regular basis and so that

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leaves you very little margin for error

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right because if one of those designated

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employees quits or suffers a death in

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the family or becomes ill uh or really

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if anything happens at all there's only

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one person left and if something happens

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to both of them at the same time um then

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you're scrambling to get new credentials

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uh you know from the government's end

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and so uh it it really is very easy to

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to have something like this happen often

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time providers come to us and they can't

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believe it right they try to do

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everything right yeah and and and they

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generally do things right um so

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certainly nothing to feel bad about but

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definitely something to look for and to

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act on if you do receive one of these

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letters well and as you're talking about

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the pitfalls it just makes me think

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about all these enrollment and

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deactivation issues we're we're having

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because sometimes you update your

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enrollment records and then the

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development request from the government

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goes to someone's email that hasn't

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worked at the organization for you know

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some time I was just on a call with a

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client recently where this person hasn't

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worked there for some time didn't submit

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the

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application but somehow was the one that

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got the development request and the way

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again I didn't know that this is how the

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way things work like if you tried to

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email this person internally you would

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get an undeliverable but if you emailed

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them from like your personal email

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address to the organization you're not

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getting a non deliverable because the

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first question was like well would have

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the government gotten a non deliverable

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or something and it's just like lots of

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weird stuff like it's just like things

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that are embedded in your profile about

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where things go and who gets what and

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because we've run into issues where

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where you know you've updated the

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00:11:59,959 --> 00:12:04,800
government with whatever they need and

270
00:12:02,920 --> 00:12:07,320
then somehow their computer system

271
00:12:04,800 --> 00:12:10,480
reverts to using some like an address to

272
00:12:07,320 --> 00:12:12,600
your point from 10 years ago that you

273
00:12:10,480 --> 00:12:15,600
you know said I I moved from that

274
00:12:12,600 --> 00:12:18,920
location 10 years ago but that's somehow

275
00:12:15,600 --> 00:12:22,000
resurrected in the system and so anyway

276
00:12:18,920 --> 00:12:24,399
we're dealing with other very difficult

277
00:12:22,000 --> 00:12:28,000
situations because with deactivations

278
00:12:24,399 --> 00:12:33,120
your your revenue is cut off completely

279
00:12:28,000 --> 00:12:35,040
I mean 4% sense no fun but like 95% of

280
00:12:33,120 --> 00:12:37,320
my Revenue just stops because my

281
00:12:35,040 --> 00:12:39,560
medicare number is deactivated because

282
00:12:37,320 --> 00:12:42,240
of something went to some old email

283
00:12:39,560 --> 00:12:45,079
address or something I mean it's just so

284
00:12:42,240 --> 00:12:47,120
when you say rif with pitfalls I'm just

285
00:12:45,079 --> 00:12:49,600
these nightmares I'm dealing with with

286
00:12:47,120 --> 00:12:52,360
clients on deactivations it just brings

287
00:12:49,600 --> 00:12:55,560
very true so these are Arcane systems

288
00:12:52,360 --> 00:12:58,120
but unfortunately we have to deal with

289
00:12:55,560 --> 00:12:59,720
them yeah they're they're what we've got

290
00:12:58,120 --> 00:13:02,360
um and so there are yeah there are

291
00:12:59,720 --> 00:13:05,079
technical problems there are submission

292
00:13:02,360 --> 00:13:08,360
acceptance problems there are staffing

293
00:13:05,079 --> 00:13:09,920
issues um certainly during the pandemic

294
00:13:08,360 --> 00:13:13,279
um you know the toll that the illness

295
00:13:09,920 --> 00:13:14,839
itself took on hospice staff um you know

296
00:13:13,279 --> 00:13:17,760
combined with the efforts to get people

297
00:13:14,839 --> 00:13:20,519
vaccinated which diverted resources away

298
00:13:17,760 --> 00:13:22,240
from such things as Government reporting

299
00:13:20,519 --> 00:13:24,480
um you know these these are all things

300
00:13:22,240 --> 00:13:26,760
that we've been able to weave into the

301
00:13:24,480 --> 00:13:28,839
stories that we tell in seeking

302
00:13:26,760 --> 00:13:30,560
reconsideration of the the payment

303
00:13:28,839 --> 00:13:32,839
reduction uction the other thing we've

304
00:13:30,560 --> 00:13:35,880
been able to add as recently as last

305
00:13:32,839 --> 00:13:40,240
year because that penalty doubled from

306
00:13:35,880 --> 00:13:43,320
2% of the Apu to now 4% of the Apu is a

307
00:13:40,240 --> 00:13:45,399
goodfaith financial hardship uh argument

308
00:13:43,320 --> 00:13:47,360
that probably would not have resonated

309
00:13:45,399 --> 00:13:50,199
as well back when it was 2% but

310
00:13:47,360 --> 00:13:52,839
certainly at 4% um we've been able to

311
00:13:50,199 --> 00:13:54,440
say look you know this this could very

312
00:13:52,839 --> 00:13:56,360
well be the difference between the

313
00:13:54,440 --> 00:13:59,240
hospice's continued service of its

314
00:13:56,360 --> 00:14:02,120
community and its inability to operate

315
00:13:59,240 --> 00:14:04,240
all and and and we've made that argument

316
00:14:02,120 --> 00:14:06,519
again in good faith on behalf of of

317
00:14:04,240 --> 00:14:09,720
certain providers where the situation

318
00:14:06,519 --> 00:14:13,440
warrants yeah I forgot about that but

319
00:14:09,720 --> 00:14:18,560
you're exactly right and I do think that

320
00:14:13,440 --> 00:14:23,480
CMS has listened in these cases and you

321
00:14:18,560 --> 00:14:25,120
know it unlike some other uh appeal

322
00:14:23,480 --> 00:14:28,079
rights where you sometimes feel like

323
00:14:25,120 --> 00:14:30,480
it's a rubber stamp at least you know

324
00:14:28,079 --> 00:14:33,440
over these last years I feel like

325
00:14:30,480 --> 00:14:37,160
they've honestly taken a look at what

326
00:14:33,440 --> 00:14:40,000
we're saying and exercising discretion

327
00:14:37,160 --> 00:14:42,360
in I think a really wonderful way

328
00:14:40,000 --> 00:14:44,240
because people who are trying to comply

329
00:14:42,360 --> 00:14:47,160
and you did submit data I mean I'm

330
00:14:44,240 --> 00:14:50,000
thinking about you know EMR conversions

331
00:14:47,160 --> 00:14:52,800
and that screw something up or another

332
00:14:50,000 --> 00:14:54,800
thing that's plaguing people is people's

333
00:14:52,800 --> 00:14:57,040
you know median length of stay still

334
00:14:54,800 --> 00:14:59,399
hasn't recovered since covid and so

335
00:14:57,040 --> 00:15:02,399
there are still some hospices that you

336
00:14:59,399 --> 00:15:05,160
know their median length of stay is like

337
00:15:02,399 --> 00:15:07,600
nine days so you know all these things

338
00:15:05,160 --> 00:15:09,920
you're reporting your volume of the

339
00:15:07,600 --> 00:15:12,680
reporting is going up because your

340
00:15:09,920 --> 00:15:16,759
census is turning over so quickly and so

341
00:15:12,680 --> 00:15:18,680
I mean there's just a lot of things that

342
00:15:16,759 --> 00:15:22,440
as you and I have worked on these cases

343
00:15:18,680 --> 00:15:25,320
you discover about how difficult things

344
00:15:22,440 --> 00:15:27,480
really are for people and people are

345
00:15:25,320 --> 00:15:29,720
really wanting to comply it's not like

346
00:15:27,480 --> 00:15:31,720
people thumbing their nose that at this

347
00:15:29,720 --> 00:15:33,720
requirement and and these are all

348
00:15:31,720 --> 00:15:36,120
circumstances that we will help you

349
00:15:33,720 --> 00:15:38,319
think about when you consult with us I

350
00:15:36,120 --> 00:15:41,120
mean so many providers clients will come

351
00:15:38,319 --> 00:15:43,199
to us and they'll say well we dropped

352
00:15:41,120 --> 00:15:45,680
the ball we just messed up just didn't

353
00:15:43,199 --> 00:15:47,880
get to 90% and we'll probe them a little

354
00:15:45,680 --> 00:15:50,160
bit in a good way and say you know okay

355
00:15:47,880 --> 00:15:52,720
but what was going on last year right

356
00:15:50,160 --> 00:15:54,880
what are what are the real reasons why

357
00:15:52,720 --> 00:15:56,639
this happen because you know you're an

358
00:15:54,880 --> 00:15:59,040
otherwise compliant provider you're

359
00:15:56,639 --> 00:16:01,040
always trying to do the right thing um

360
00:15:59,040 --> 00:16:03,440
so you know tell us a little bit about

361
00:16:01,040 --> 00:16:05,440
Staffing tell us a little bit about you

362
00:16:03,440 --> 00:16:08,040
know technically how how this data is

363
00:16:05,440 --> 00:16:09,519
submitted and accepted from your end um

364
00:16:08,040 --> 00:16:11,240
you know tell us what was going on in

365
00:16:09,519 --> 00:16:14,160
the community in terms of the covid

366
00:16:11,240 --> 00:16:16,720
burden tell tell us everything uh that

367
00:16:14,160 --> 00:16:19,600
might have led to you are falling below

368
00:16:16,720 --> 00:16:21,079
90% uh for this particular year so that

369
00:16:19,600 --> 00:16:24,360
we can tell the most compelling

370
00:16:21,079 --> 00:16:27,079
narrative as to why you deserve to have

371
00:16:24,360 --> 00:16:29,240
this payment or this penalty reversed

372
00:16:27,079 --> 00:16:33,160
yeah I think that's exactly right right

373
00:16:29,240 --> 00:16:35,680
like people are like I'm just that's why

374
00:16:33,160 --> 00:16:37,880
in my little blurb description for this

375
00:16:35,680 --> 00:16:39,519
podcast the key takeways are don't

376
00:16:37,880 --> 00:16:41,440
assume there's nothing you can do

377
00:16:39,519 --> 00:16:44,519
because I feel like people fall on their

378
00:16:41,440 --> 00:16:46,880
sword when they shouldn't like of course

379
00:16:44,519 --> 00:16:49,040
we're not perfect right we're human so

380
00:16:46,880 --> 00:16:52,160
like human stuff happens so tell us

381
00:16:49,040 --> 00:16:53,959
about that human stuff because lawyers

382
00:16:52,160 --> 00:16:55,360
should be good storytellers and you're a

383
00:16:53,959 --> 00:16:57,279
great Storyteller you're a great

384
00:16:55,360 --> 00:16:59,880
litigator and that's what litigators

385
00:16:57,279 --> 00:17:02,560
hopefully can do is to to weave that

386
00:16:59,880 --> 00:17:05,400
narrative as you said but it is just

387
00:17:02,560 --> 00:17:08,559
people are saying like well it wasn't

388
00:17:05,400 --> 00:17:12,600
perfect and so anyway I think you're

389
00:17:08,559 --> 00:17:15,720
right is good lawyers ask good questions

390
00:17:12,600 --> 00:17:18,839
and we found out really meaningful stuff

391
00:17:15,720 --> 00:17:20,679
you know 20 questions in and we our

392
00:17:18,839 --> 00:17:24,760
light bulbs going on like hey there's

393
00:17:20,679 --> 00:17:28,319
something here that clients maybe felt

394
00:17:24,760 --> 00:17:30,400
like they didn't have so and don't wait

395
00:17:28,319 --> 00:17:33,120
cuz I know sometimes when we release

396
00:17:30,400 --> 00:17:36,320
this podcast we get a bunch of phone

397
00:17:33,120 --> 00:17:38,559
calls or sometimes it's like oh I just

398
00:17:36,320 --> 00:17:41,440
assumed I could do nothing and then I

399
00:17:38,559 --> 00:17:44,799
heard this podcast you know three weeks

400
00:17:41,440 --> 00:17:46,559
later and so it's it's been a Mad Dash

401
00:17:44,799 --> 00:17:48,679
the last four years to try to get all

402
00:17:46,559 --> 00:17:51,240
these in because there's we've worked on

403
00:17:48,679 --> 00:17:52,880
a lot of appeals but anyway try to stay

404
00:17:51,240 --> 00:17:55,000
ahead of it and that's why we're trying

405
00:17:52,880 --> 00:17:57,559
to stay ahead of it by doing the podcast

406
00:17:55,000 --> 00:18:00,280
like before the letters come out right

407
00:17:57,559 --> 00:18:02,480
so we're recording this on July 10th

408
00:18:00,280 --> 00:18:06,000
2024 and we're going to try to release

409
00:18:02,480 --> 00:18:07,360
this July 11th 2024 so I don't know if

410
00:18:06,000 --> 00:18:10,159
the letters have come out but we're

411
00:18:07,360 --> 00:18:12,600
trying to catch it early yes uh I mean

412
00:18:10,159 --> 00:18:14,880
we we have not heard from any clients uh

413
00:18:12,600 --> 00:18:18,000
that have received a letter uh as of

414
00:18:14,880 --> 00:18:20,240
July 10th cms's official communication

415
00:18:18,000 --> 00:18:22,919
says that they will begin notifying

416
00:18:20,240 --> 00:18:25,919
hospices of non-compliance uh in early

417
00:18:22,919 --> 00:18:28,200
to mid July 2024 in past years it's

418
00:18:25,919 --> 00:18:29,440
usually been more like mid July than

419
00:18:28,200 --> 00:18:31,120
early July

420
00:18:29,440 --> 00:18:34,120
and then typically the deadline to

421
00:18:31,120 --> 00:18:37,039
submit a reconsideration request uh

422
00:18:34,120 --> 00:18:39,760
asking for reversal of the 4% payment

423
00:18:37,039 --> 00:18:41,640
will be sometime in mid August it's

424
00:18:39,760 --> 00:18:43,559
usually on whatever that Friday is of

425
00:18:41,640 --> 00:18:46,159
mid August if I had to bet it'll be

426
00:18:43,559 --> 00:18:48,159
Friday August 16th this year uh but

427
00:18:46,159 --> 00:18:51,159
again we don't we don't have that date

428
00:18:48,159 --> 00:18:53,520
with certainty yet um but as Meg said

429
00:18:51,159 --> 00:18:55,360
definitely call us on the front end as

430
00:18:53,520 --> 00:18:57,159
soon as possible after receiving one of

431
00:18:55,360 --> 00:18:59,280
these letters the other thing I'll add

432
00:18:57,159 --> 00:19:01,760
is this is a multi-layer of appeel

433
00:18:59,280 --> 00:19:03,720
process if you want it to be typically

434
00:19:01,760 --> 00:19:06,799
for most providers given the amounts at

435
00:19:03,720 --> 00:19:10,000
stake versus the cost to litigate we go

436
00:19:06,799 --> 00:19:11,679
through the reconsideration phase only

437
00:19:10,000 --> 00:19:14,159
and another reason we do that is because

438
00:19:11,679 --> 00:19:16,600
as Meg has mentioned um we have had

439
00:19:14,159 --> 00:19:19,240
overwhelming success at that phase and

440
00:19:16,600 --> 00:19:21,159
have obtained reversals on behalf of the

441
00:19:19,240 --> 00:19:23,600
vast majority of clients on Whose

442
00:19:21,159 --> 00:19:26,799
behalves we've submitted reconsideration

443
00:19:23,600 --> 00:19:29,600
requests but th this is not a

444
00:19:26,799 --> 00:19:32,720
particularly burdensome or costly phase

445
00:19:29,600 --> 00:19:35,159
of appeal um this is not a situation

446
00:19:32,720 --> 00:19:37,200
where you're going to end up paying us

447
00:19:35,159 --> 00:19:39,480
you know anywhere close to the amount

448
00:19:37,200 --> 00:19:42,360
that's at stake when it comes to 4% of

449
00:19:39,480 --> 00:19:46,320
your Apu for the next fiscal year it it

450
00:19:42,360 --> 00:19:49,400
really is a modest and um fairly open

451
00:19:46,320 --> 00:19:51,200
and shut you know task for us to perform

452
00:19:49,400 --> 00:19:53,240
but we're going to want to talk with you

453
00:19:51,200 --> 00:19:55,799
again about the facts and circumstances

454
00:19:53,240 --> 00:19:58,760
surrounding the alleged non-compliance

455
00:19:55,799 --> 00:20:01,159
we're going to prepare a letter to CMS

456
00:19:58,760 --> 00:20:02,840
on your behalf seeking reconsideration

457
00:20:01,159 --> 00:20:05,480
we're going to collect the documentary

458
00:20:02,840 --> 00:20:07,000
evidence that'll support our request um

459
00:20:05,480 --> 00:20:10,480
and then we're going to submit it but it

460
00:20:07,000 --> 00:20:12,760
really is a a pretty streamlined process

461
00:20:10,480 --> 00:20:14,880
that you know so so so don't don't look

462
00:20:12,760 --> 00:20:17,159
at the size of the penalty and say ah

463
00:20:14,880 --> 00:20:19,840
well it's it's probably not even worth

464
00:20:17,159 --> 00:20:22,200
getting a lawyer involved um talk with

465
00:20:19,840 --> 00:20:25,280
us you know be open with us about the

466
00:20:22,200 --> 00:20:28,799
amount at stake uh we'll we we'll work

467
00:20:25,280 --> 00:20:30,280
with you and um again that that initial

468
00:20:28,799 --> 00:20:33,039
consideration phase where we've had a

469
00:20:30,280 --> 00:20:35,600
lot of success really not too expensive

470
00:20:33,039 --> 00:20:38,240
not too burdensome well and I guess

471
00:20:35,600 --> 00:20:41,760
maybe the final thing that I want to say

472
00:20:38,240 --> 00:20:44,760
it struck me as you're talking is don't

473
00:20:41,760 --> 00:20:46,520
wait like there is a process and I I

474
00:20:44,760 --> 00:20:49,559
can't remember the right word Jake where

475
00:20:46,520 --> 00:20:52,840
you can ask sort of you know in advance

476
00:20:49,559 --> 00:20:55,799
for a waiver because let's say you

477
00:20:52,840 --> 00:20:58,120
you've something did happen and like

478
00:20:55,799 --> 00:20:59,840
those can be granted and we've done that

479
00:20:58,120 --> 00:21:01,799
for some people where they felt like

480
00:20:59,840 --> 00:21:05,480
they weren't going to be compliant and

481
00:21:01,799 --> 00:21:08,240
they proactively asked for Grace

482
00:21:05,480 --> 00:21:11,279
essentially yes um you can seek an

483
00:21:08,240 --> 00:21:14,039
exemption or an extension uh with

484
00:21:11,279 --> 00:21:16,520
respect to part of the reporting period

485
00:21:14,039 --> 00:21:18,760
um in other words the data that is

486
00:21:16,520 --> 00:21:21,799
submitted and accepted outside of the

487
00:21:18,760 --> 00:21:23,480
30-day time frame from the event date if

488
00:21:21,799 --> 00:21:27,159
what's called an extraordinary

489
00:21:23,480 --> 00:21:29,799
Circumstance befalls the hospice now the

490
00:21:27,159 --> 00:21:32,120
term extraordinary circum St is not all

491
00:21:29,799 --> 00:21:34,279
that well defined which is extremely

492
00:21:32,120 --> 00:21:37,400
advantageous to Providers right because

493
00:21:34,279 --> 00:21:39,679
then we can couch almost anything that

494
00:21:37,400 --> 00:21:41,760
may have happened uh that prevented you

495
00:21:39,679 --> 00:21:44,320
from timely submitting data as an

496
00:21:41,760 --> 00:21:45,960
extraordinary Circumstance the key is

497
00:21:44,320 --> 00:21:48,279
that you need to seek an exemption or

498
00:21:45,960 --> 00:21:51,200
extension within 90 days of the

499
00:21:48,279 --> 00:21:53,440
extraordinary circumstance event so if

500
00:21:51,200 --> 00:21:56,440
you look over the over the course of the

501
00:21:53,440 --> 00:21:58,600
calendar year at whatever Point your

502
00:21:56,440 --> 00:22:00,840
non-compliance with the timeliness requ

503
00:21:58,600 --> 00:22:03,320
requirement ended right in other words

504
00:22:00,840 --> 00:22:05,480
when you started submitting data on time

505
00:22:03,320 --> 00:22:07,880
again you'll want to submit that

506
00:22:05,480 --> 00:22:11,799
extension or exemption request within 90

507
00:22:07,880 --> 00:22:14,919
days of of that time we find it we we've

508
00:22:11,799 --> 00:22:16,919
had great great excuse me success uh

509
00:22:14,919 --> 00:22:18,919
with extension and exemption requests as

510
00:22:16,919 --> 00:22:21,279
well and at worst it gives you a second

511
00:22:18,919 --> 00:22:23,559
bite at the Apple right you can request

512
00:22:21,279 --> 00:22:24,960
the extension or exemption and if CMS

513
00:22:23,559 --> 00:22:27,640
doesn't Grant it then you'll just

514
00:22:24,960 --> 00:22:29,559
receive a non-compliance notification in

515
00:22:27,640 --> 00:22:31,559
July of the following year and then we

516
00:22:29,559 --> 00:22:33,880
can do a reconsideration request so it

517
00:22:31,559 --> 00:22:36,080
kind of gives you two chances to Prevail

518
00:22:33,880 --> 00:22:39,919
yeah who knew Jake you were going to

519
00:22:36,080 --> 00:22:43,159
become the expert in all of the land on

520
00:22:39,919 --> 00:22:44,960
his and cap appeals it's a nice little

521
00:22:43,159 --> 00:22:49,600
cottage industry we've

522
00:22:44,960 --> 00:22:54,159
got so yeah anyway well I'm so glad that

523
00:22:49,600 --> 00:22:57,200
that you're here to to help um and it's

524
00:22:54,159 --> 00:22:59,720
been pretty terrific the results we've

525
00:22:57,200 --> 00:23:02,880
been able to get for folks so hope no

526
00:22:59,720 --> 00:23:06,120
one needs to listen to this podcast but

527
00:23:02,880 --> 00:23:09,279
given what we know like life happens and

528
00:23:06,120 --> 00:23:12,240
humans are humans that there is probably

529
00:23:09,279 --> 00:23:15,200
someone that needs to listen to this and

530
00:23:12,240 --> 00:23:18,000
we are people that can can be of service

531
00:23:15,200 --> 00:23:20,039
here so anyway thanks as always for your

532
00:23:18,000 --> 00:23:22,200
time Jake and maybe we'll have to do

533
00:23:20,039 --> 00:23:24,760
another podcast because we're going to

534
00:23:22,200 --> 00:23:27,880
have all these victories again I don't

535
00:23:24,760 --> 00:23:30,640
want to you know knock on wood uh that

536
00:23:27,880 --> 00:23:33,720
we be successful but well thank you for

537
00:23:30,640 --> 00:23:35,919
having me on Meg and I hope we are uh

538
00:23:33,720 --> 00:23:38,159
talking about another fresh batch of

539
00:23:35,919 --> 00:23:40,919
Victories uh sometime in the fall

540
00:23:38,159 --> 00:23:43,520
awesome thank

541
00:23:40,919 --> 00:23:46,240
you well that's it for today's episode

542
00:23:43,520 --> 00:23:48,440
of hospice insights Bel long Beyond

543
00:23:46,240 --> 00:23:50,520
thank you for joining the conversation

544
00:23:48,440 --> 00:23:53,919
to subscribe to our podcast visit our

545
00:23:50,520 --> 00:23:56,400
website at hush.com or sign up wherever

546
00:23:53,919 --> 00:24:00,360
you get your podcasts until next time

547
00:23:56,400 --> 00:24:00,360
May the wind be at your back

Professionals:

Jacob B. Harris

Senior Associate