This Act increases oversight, survey frequency, and fraud screening for hospice programs and home health agencies while strengthening penalties for non-compliance.
Beth Van Duyne
Representative
TX-24
The Protecting Seniors and Stopping Fraudsters Act aims to enhance oversight and combat fraud within Medicare hospice and home health programs. It mandates increased survey frequency for high-risk providers, strengthens enrollment screening processes, and increases payment penalties for failure to submit required quality data. The bill also improves transparency by requiring CMS to notify patients of their rights when electing hospice care and mandates annual reporting on program integrity activities.
Alright, let's talk about the "Protecting Seniors and Stopping Fraudsters Act." This bill is essentially Medicare putting on its detective hat, aiming to tighten up how hospice programs and home health agencies operate. Think of it as a move to make sure the care you or your loved ones get is legit and that your tax dollars aren't going to bad actors.
First up, this bill wants more frequent check-ins with certain providers. If a hospice or home health agency is brand new, has changed ownership, or just reactivated its billing, Medicare will be knocking on their door for a survey at least once every 12 months for the first three years. That's a pretty intense onboarding period, and it means new players will be under the microscope from day one. Plus, if an agency isn't submitting its required quality data or if it's showing some "aberrant behavior"—like a really high rate of patients being discharged alive from hospice, which can sometimes be a red flag—they'll get a survey within 18 months of their last one. The goal here is to catch issues early, before they become bigger problems.
Ever forget to turn in a report? Well, for hospice and home health agencies, forgetting to submit quality data is about to get a whole lot more expensive. Right now, if they don't submit this data, their Medicare payments get reduced by 4%. But starting in fiscal year 2029, that penalty jumps to a whopping 15%. That's a significant hit to the bottom line and a clear message: quality reporting isn't optional. There's a small concession: if an agency can show they made a "good faith effort" to submit the data, they might get a little more time. But honestly, 15% is enough to make anyone double-check their deadlines.
For providers deemed an "extreme risk of fraud," the bill adds some serious hoops to jump through. If you're applying to be a hospice or home health agency and fall into this category, get ready for fingerprinting—not just for the owner, but for the administrator and medical director too. You'll also need to show proof of comprehensive liability insurance. Now, what makes a provider "extreme risk"? The bill points to being in a "high-risk area"—basically, a state or county where the number of these agencies suddenly shot up. The Secretary also gets to add "any other factors" they deem relevant, which gives them a lot of wiggle room to define this category. While the intent is to catch fraudsters, this broad definition could mean legitimate, rapidly growing areas face extra hurdles.
One really important change for everyday folks is about hospice election. If you or a loved one chooses hospice care, Medicare will now send a written notice within 15 days. This notice will include the Medicare hotline number, the hospice program's contact info, and, crucially, a plain language explanation of what rights you're giving up by electing hospice. It will also clearly lay out how you can revoke that election or switch to a different hospice. This is a big win for transparency and making sure patients and their families truly understand their choices during a difficult time.
Even the organizations that accredit hospices and home health agencies are getting a shake-up. The bill says that these accreditation bodies now have to meet or exceed the same tough survey standards that state agencies use. Plus, their surveyors have to complete the same basic training as government surveyors. This means the bar is being raised across the board, ensuring that even private accreditation isn't a shortcut around robust oversight. The Secretary will also be assessing these bodies regularly, with the power to impose corrective actions or even yank their approval if they're not performing.
If you're a Medicare beneficiary, especially one considering hospice or home health services, this bill aims to give you more peace of mind. The increased oversight and stricter penalties for non-compliance should, in theory, lead to higher quality care and fewer instances of fraud. The clear notice about hospice rights is a huge step toward empowering patients. For the providers themselves, it means more administrative work, more frequent audits, and the need to be meticulous about data submission. While these measures are designed to weed out bad actors, there's always the risk that increased red tape could inadvertently burden compliant providers, especially smaller ones. This bill is definitely a push towards a cleaner, more accountable Medicare system for these vital services.