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Challenging the CMS Hospice Special Focus Program

The Texas Association for Home Care & Hospice (TAHC&H) has joined a multi-state coalition to challenge the Centers for Medicare & Medicaid Services’ (CMS) Hospice Special Focus Program (SFP) Final Rule, filing suit in the U.S. District Court for the Southern District of Texas. This coalition seeks to halt the implementation of the SFP, citing it as both unlawful and arbitrary.

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Read TAHCH’s official statement below, or click the button to access the official complaint and our media fact sheet for more details.

Media Advisory 

"TAHC&H Joins Multi-State Coalition to Challenge CMS Hospice Special Focus Program as Unlawful and Arbitrary"

 

A multi-state coalition of hospices and hospice associations, including the Texas Association for Home Care & Hospice (TAHC&H), filed suit in the U.S. District Court for the Southern District of Texas to challenge the Centers for Medicare & Medicaid Services’ (CMS) Hospice Special Focus Program (SFP) Final Rule and its implementation as unlawful and arbitrary. The plaintiffs also seek a preliminary injunction to halt the Special Focus Program.

 

TAHC&H and coalition partners filed this suit because, despite Members of Congress and stakeholders repeated warnings to CMS of the problems with the SFP Final Rule, CMS pressed ahead with a deeply flawed approach that erroneously results in some of the highest performing, mission-focused hospice programs being publicly listed as poor performers”, said Rachel Hammon, TAHC&H’s Executive Director.

 

“On behalf of our hospice members, over the past year TAHC&H and partner associations have submitted extensive comments to CMS expressing concerns that the algorithm developed to select hospices for the Special Focus Program (SFP) to identify ‘poor-performing’ hospices could result in high-quality, mission-driven providers being inappropriately placed on the list. Regrettably, our concerns have become a reality,” said Hammon.

 

TAHC&H represents over 1,200 licensed home- and community-support agencies. At least 142 are involved in hospice programs. TAHC&H hospice-program members range from small businesses with a single licensed and Medicare-certified facility in the State to large businesses with many licensed and Medicare-certified facilities across the State and include both non-profit and for-profit organizations that provide hospice services throughout Texas, including in underserved communities, both rural and urban.

 

“In full support of our membership, TAHC&H is asking CMS to withdraw immediately its SFP selections of hospices, as well as the SFP List and underlying data, and also to withdraw and revise the SFP Final Rule to align with Congressional intent, focusing on hospices with the worst record of substantial non-compliance with Medicare requirements” Hammon emphasized.

 

Texas Association for Home Care & Hospice (TAHC&H) is an association of Texas Licensed home-care and hospice agencies, organizations, and individual professionals. TAHC&H advocates for ethical practices, quality, and economic viability of licensed home-care and hospice providers to enhance the well-being of individuals and their families throughout Texas. TAHC&H brings together organizations and individuals in a shared commitment to every Texas citizen in need of quality, affordable in-home services.

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