Hospice and Health Care Reform: Improving Care at the End of Life
Kathy L. Cerminara
Nova Southeastern University - Shepard Broad College of Law
October 15, 2010
Widener Law Review, Vol. 16, 2011
NSU Shepard Broad Law Center Research Paper No. 10-012
Health care reform focused on coverage of hospice care in significant ways. Specifically, the Patient Protection and Affordable Care Act (the Act) recognized the value in accessing hospice services as soon as possible by (1) immediately authorizing concurrent payment for curative and palliative care to children with Medicaid coverage and (2) authorizing a demonstration program to study the value of doing so with respect to Medicare beneficiaries. It also, however, imposed an additional requirement on physicians and nurse practitioners recertifying patients for hospice care eligibility, thus potentially over-regulating one aspect of hospice care. This Article lauds Congress for its position with respect to concurrent care but cautions that legal, regulatory, and medical professionals should carefully monitor the effects of the change Congress made to the recertification requirements. Without careful monitoring and calibration, the latter change could inappropriately chill hospice recertifications, thus negating part of the good accomplished through the former change.
Number of Pages in PDF File: 43
Keywords: Patient Protection and Affordable Care Act, health care reform, hospice
JEL Classification: I18, K10, K32
Date posted: October 21, 2010
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