Palliative Care, Hospice Care and Home Care

Palliative Care, Hospice Care and Home Care

Palliative care is specialized medical care for people living with a serious illness, and care is aimed at providing relief from their symptoms and improving their

quality of life, while in some cases, also pursuing curative treatments. By contrast, hospice care focuses on the comfort and quality of life of a person with a serious illness who is approaching the end of life, and treatments aimed at curing the patient’s illness are withdrawn. Home health care refers to a range of services that might ordinarily be furnished in a hospital setting or a skilled nursing facility, but can be more economically provided in the patient’s home for the patient’s comfort and convenience.

According to the United States Census Bureau, by 2030, all Baby Boomers will be 65 years of age or older, which means that the demand for palliative care, hospice care, and home health care is likely to significantly increase over the next decade.

Legal Issues affecting providers in this space include, but are not limited to:

  • Certificate of Need and Licensure
  • Accreditation and Medicare/Medicaid Enrollment
  • Transactions – Joint Ventures, PSAs, MSOs, M&A, Private Equity, etc.
  • Contracting with Payors and Emerging Payment Models
  • Payor Audits, Overpayment Demands, Appeals
  • State and Federal Anti-Kickback and Self-Referral Laws
  • Telehealth Encounter Requirements
  • HIPAA Privacy and other Ethical Concerns

If you are a provider of hospice, palliative, or home health care contemplating a transaction, facing an audit or other compliance concern, or seeking regulatory advice, contact Frier Levitt to speak to an attorney.