Is CMS’ Proposed Home Health Rate Cut Legal? Other Court Decisions Suggest No

October 20, 2022

The home health industry is anxiously awaiting the release of the final payment rule for 2023, which should be released by CMS at some point over the next two weeks.

The payment rule includes a 4.2% aggregate decrease in payments, which equals a $810 million cut.

“Industry leaders and stakeholders have advocated against those cuts relentlessly over the past few months. They’ve also tried to gain traction on legislation, namely through the Preserving Access to Home Health Act, which was introduced in both the Senate and House in the summer. The final route to avoid payment cuts would be through legal action, though multiple sources have told Home Health Care News in the past that they’d like to avoid that at all costs.”

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