Rivas Goldstein, LLP Call : 512-481-8000

CMS extends temporary moratorium on home health agencies in Texas

The Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) recently announced it will extend a statewide, temporary moratorium on enrollment of new non-emergency ambulance providers and home health agencies in Texas. The agency intends the freeze to cut down on the risk of fraud, waste and abuse within the system.

Why did the CMS decide to issue a moratorium on home health care agencies? The agency based the decision on a review of various qualitative and quantitative factors. In addition to a review of its own data, the CMS also took into consideration data gathered from the Department of Health and Human Services’ Office of Inspector General and the Department of Justice to support the decision. This evidence indicated the likelihood for fraud in this area of healthcare was dangerously high. As such, the agency has frozen the ability to start up a new practice in these specific fields.

Does the CMS have the power to stop the creation of new home health care agencies? In short, yes. The Social Security Act provides the CMS with the power to impose a temporary moratorium on the creation of new Medicare, Medicaid, or Children’s Health Insurance Program (CHIP) providers.

How does this impact current home health agencies? The moratorium should not impact the current practice of a home health agency in Texas. The agency specifically states that the moratorium does not apply to a change in location, provider contact information or, in many cases, a change in ownership.

When will the moratorium end? The moratorium is set to run for six months. At that time, it is possible the agency will choose to implement an additional, six-month extension.

 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Rivas Goldstein LLP: On Your Side, Protecting Your Future

Our experienced Texas-based health care lawyers are here to help you and your business succeed. Please call 512-481-8000 or contact our law firm online.

Schedule A Consultation With An Attorney

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Austin Office
7035 Bee Cave Road, Suite 200
Austin, TX 78746

Phone: 512-481-8000
Fax: 512-481-0022
Austin Law Office Map

New York Office
405 Lexington Ave 26th Floor
New York, NY 10174

Phone: 212-541-2451
Fax: 917-368-8005
Map & Directions

McAllen Office
1100 East Jasmine Ave
Suite 105
McAllen, TX 78501

Phone: 512-481-8000
Map & Directions

Review Us