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Artwork for Hospice Insights: The Law and Beyond

Hospice Insights: The Law and Beyond

Bryan Nowicki
Hospice
Medicare
CMS
Artificial Intelligence
False Claims Act
Face-To-Face Attestation
PPEO
Home Health
Provisional Period Of Enhanced Oversight (PPEO)
Palliative Care
HIPAA
General Inpatient Care (GIP)
Hospice Final Rule
Husch Blackwell
60-Day Repayment Rule
UPIC (unified Program Integrity Contractor)
Affiliations
Revocation
Fraud and Abuse
Mettle Health

Tune in to Husch Blackwell’s hospice podcast with Bryan Nowicki for conversations with industry innovators and fundamentals for navigating hospice law. In our commitment to monitoring updates and fostering learning, each episode delivers essential information clients need for best solutions in this changing healthcare sector.

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Artwork for Hospice Insights: The Law and Beyond

Latest Episodes

AI tools are already showing up in hospice operations whether organizations have formal policies for them or not—and the compliance and liability questions are emerging just as quickly. In the second part of this two-part series, Husch Blackwell’s Br... more

AI tools are already showing up in hospice operations whether organizations have formal policies for them or not—and the compliance and liability questions are emerging just as quickly. In this two-part series, Husch Blackwell’s Bryan Nowicki and Tay... more

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CMS’s CY 2027 Home Health Proposed Rule tucks a sweeping set of Medicare provider enrollment changes inside what is nominally a routine payment rule, expanding the grounds on which CMS can deny or revoke a provider’s enrollment. In this episode, Husc... more

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CMS’s efforts to crush fraud in the hospice space have commanded the headlines and the attention of many. Less publicized efforts on behalf of hospices in the federal courts, however, have resulted in several rulings favoring hospices. In particular,... more

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Hospice providers are no strangers to sensitive patient situations, but a subpoena or other third-party request for patient records can quickly raise complex legal and compliance challenges. In this episode, Husch Blackwell’s Bryan Nowicki and Taylor... more

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CMS revised the Medicare 60-Day Repayment Rule, changing how overpayments are identified. In this episode, Husch Blackwell’s Bryan Nowicki and Andrew Brenton analyze this change and how it affects the time frames applicable to internal investigations... more

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In hospice and home health, certain compliance problems can have a big impact on the organization’s bottom line—and ability to keep operating. Even seemingly minor issues can affect whether the organization will be fully paid for services it provided... more

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Hospice providers remain under heavy scrutiny, with prepayment audit and other audit activity on the rise. Unified Program Integrity Contractors (UPICs) historically conducted post-payment reviews. However, over the last six months, they have joined ... more

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Recent Guests

Taylor Crossley
Attorney focusing on privacy and HIPAA for hospice providers
Husch Blackwell
Episode: Know What You Owe: HIPAA and Third-Party Requests for Patient Records in Hospice
Meg Pekarske
Hospice advocate and retiring attorney who led hospice practice
Husch Blackwell
Episode: Endings and Beginnings: Reflections on Meg Pekarske’s 25+ Years as a Hospice Advocate
Sonya Dolan
Co-founder of Mettle Health
Mettle Health
Episode: Reimagining How We Navigate Change and Loss: A Conversation with Sonya Dolan and Bridget Sumser of Mettle Health
Bridget Sumser
Director of Counseling and Programs at Mettle Health
Mettle Health
Episode: Reimagining How We Navigate Change and Loss: A Conversation with Sonya Dolan and Bridget Sumser of Mettle Health
Bethany Snider
Chief Medical Officer, Hosparus Health
Hosparus Health
Episode: Making Palliative Care a Win-Win-Win: A Conversation with Dr. Bethany Snider, Chief Medical Officer, Hosparus Health

Hosts

Bryan Nowicki
Host of Hospice Insights: The Law and Beyond
Meg
Host of Hospice Insights: The Law and Beyond

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Talking Points

Recent interactions between the hosts and their guests.

Ready, Fire, Aim: The CY 2027 Home Health Proposed Rule’s Shoot-First Approach to Provider Enrollment
Q: How might the high-risk geographic area basis affect enrollment, and what are the concerns around its definition?
If finalized, CMS could revoke enrollment in areas deemed to have excessive provider density without requiring proof of fraud, but the lack of standards for what constitutes a limited geographic area or excessive density raises concerns about discretionary, field-wide impacts on providers.
Ready, Fire, Aim: The CY 2027 Home Health Proposed Rule’s Shoot-First Approach to Provider Enrollment
Q: What does the proposed rule say about revocation bases, and what is unique about retroactive revocation?
The rule adds new denial and revocation bases, including a proposal that makes virtually all revocation grounds retroactive, so revocations could apply to periods before the actual decision, increasing financial and operational risk for providers.
Ready, Fire, Aim: The CY 2027 Home Health Proposed Rule’s Shoot-First Approach to Provider Enrollment
Q: What is the scope of the expanded affiliations disclosure requirement and how might it affect providers beyond home health?
The expanded disclosure would require providers to share more extensive affiliation information, eliminating the current five-year time limit and broadening the types of relationships that count as affiliations, which could lead CMS to revoke downstream providers based on broader networking ties.
Know What You Owe: HIPAA and Third-Party Requests for Patient Records in Hospice
Q: What should a hospice do when it receives a subpoena or court-ordered request?
Hospices should determine the type of legal process, obtain satisfactory assurances if needed, consult with counsel, and ensure disclosures are limited to the minimum necessary information and aligned with the designated record set.
Know What You Owe: HIPAA and Third-Party Requests for Patient Records in Hospice
Q: What is the basic HIPAA rule about disclosing patient information in records requests?
The basic rule is that covered entities cannot disclose protected health information without patient authorization, but there are legal process exceptions that may permit or require disclosure under specific conditions.

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Frequently Asked Questions About Hospice Insights: The Law and Beyond

What is Hospice Insights: The Law and Beyond about and what kind of topics does it cover?

This show centers on hospice law, regulatory compliance, and practical navigation of Medicare and CMS rules as they apply to hospice and home health providers. Episodes frequently feature legal and regulatory experts, frontline compliance practitioners, and industry advocates who unpack complex topics such as HIPAA/privacy, prepayment reviews, PPEO/EPR, the 60-day repayment rule, enrollment and 855 processes, and GIP transitions. Across episodes, listeners gain actionable guidance, checklists, and real-world strategies for audits, appeals, and staying ahead of evolving requirements. A standout element is the emphasis on practical templates, advocacy insights, and leadership perspectives from seasoned practitioners, which helps operators, co... more

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Hospice Insights: The Law and Beyond launched 7 years ago and published 153 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Hospice Insights: The Law and Beyond?

Recent guests on Hospice Insights: The Law and Beyond include:

1. Taylor Crossley
2. Meg Pekarske
3. Sonya Dolan
4. Bridget Sumser
5. Bethany Snider

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