What Can Providers Give to Patients, Pt 2

Admin

by Elizabeth E. Hogue, Esq.

Provider Kickbacks

Exceptions

Providers, including marketers, are tempted to give patients and potential patients free items and services. While providers usually have good intentions, they must comply with applicable requirements. As Part 1 of this series indicates, there are two applicable federal statutes: the anti-kickback statute and the civil monetary penalties law. Part 1 also makes it clear that there are a number of exceptions or “safe harbors. If providers can meet the requirements of an applicable safe harbor or exception, they can give patients and potential patients free items and services that would otherwise violate applicable requirements. 

Limit Increase

The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services, the primary enforcer of fraud and abuse prohibitions, announced that; effective on December 7, 2016; the limits on free items and services given to beneficiaries increased. Specifically, according to the OIG, items and services of nominal value may be given to patients or potential patients that have a retail value of no more than $15 per item or $75 in the aggregate per patient on an annual basis. The previous limits were $10 per item or $50 in the aggregate per patient on an annual basis.

Undue Influence

Under section 1128A(a)(5) of the Social Security Act, persons who offer or transfer to Medicare and/or Medicaid beneficiaries any remuneration that they know or should know is likely to influence beneficiaries’ selection of particular providers or suppliers of items or services payable by the Medicare or Medicaid Programs may be liable for thousands of dollars in civil money penalties for each wrongful act. “Remuneration” includes waivers of copayments and deductibles, and transfers of items or services for free or for other than fair market value.

In the Conference Committee report that accompanied the enactment of these requirements, Congress expressed a clear intent to permit inexpensive gifts of nominal value given by providers to beneficiaries. In 2000, the OIG initially interpreted “inexpensive” or “nominal value” to mean a retail value of no more than $10 per item or $50 in the aggregate per patient an annual basis.

Kickbacks for Referrals

Needed Items, not Cash

Provider Kickbacks

The OIG also expressed a willingness to periodically review these limits and adjust them based on inflation. Consequently, effective on December 7, 2016, the OIG increased the limits of items and services of nominal value that may be given by providers and suppliers to beneficiaries to a retail value of no more than $15 per item or $75 in the aggregate per patient on an annual basis.

 Providers may not, however, give cash or cash equivalents.

 These amounts may still seem paltry to many providers. According to the OIG, providers who see that patients need items worth more than these limits should establish relationships with charitable organizations that can provide items and/or services that are not subject to these limits. In other words, work together to meet the needs of patients!

Final Thoughts

With time and the emotional context inherent in home health and hospice, clinicians may want to offer gifts to their clients. Low reimbursement rates and workforce shortage may cause HHAs to consider gifts and incentives as a way to keep clients and get referrals to new ones. If you find yourself in this situation, make sure you’re staying under the legal threshold, and engage 3rd parties to fill larger needs.

This is part 2 of a 4-part series. Come back next week for the third installment.

# # #

Elizabeth E. Hogue, Esq.
Elizabeth E. Hogue, Esq.

Elizabeth Hogue is an attorney in private practice with extensive experience in health care. She represents clients across the U.S., including professional associations, managed care providers, hospitals, long-term care facilities, home health agencies, durable medical equipment companies, and hospices.

©2025 Elizabeth E. Hogue, Esq. All rights reserved.

No portion of this material may be reproduced in any form without the advance written permission of the author.

©2025 by The Rowan Report, Peoria, AZ. All rights reserved. 

It’s More than Just Payroll

Admin

by Kristin Rowan, Editor

Product Review: It's Payroll...and so Much More

Evolution into Health Care

I’m sure many of you remember the days before automated processes. Hand-written notes, paper forms, and paychecks that were filled in on a typewriter. Those days are behind us (mostly) in care at home with the alphabet soup of technology we have today: EMR, EVV, EHR, PECOS, API, EDI, UB-04, ADP

Technology evolves in unpredictable paths and patterns. And the best developers adjust to that evolution. That is the story of a software provider that we recently interviewed. What started as a general payroll and HR software evolved and steered the developers toward health care. Now, that payroll company is built for care at home and includes so much more than standard payroll. Introducing…Viventium

Home Health and Home Care Enhancements

When the Viventium team started their software, it was not industry specific. But some key clients put home care on their radar six years ago and the software development shifted to meet the unique needs of care at home agencies. Today, Viventium is a workforce management system that is built for care at home and includes features not found in general payroll software. Some of Viventium’s capabilities include:

Applicant tracking

Job board integration

Hiring data and talent recognition

Recruitment insights and analysis

Onboarding

Tax filing

Employee self-help section

Integration with Tapcheck

Time and Attendance approval

Time off requests

Scheduling and Open Shift management

Continuing education tracking

Benefits management

ACA compliance tracking and reporting

Automated blended rate payroll

Integrations and Automations

Viventium is already working with a handful of EMRs for direct integration. The system is also integrated with TapCheck for on-demand pay and with Nevvon for CEUs. For EMRs that are not fully integrated, they offer pre-built exports that can handle different export formats. Viventium can import information from virtually any patient record system.

Once the payroll system is set up for your agency, or agencies, many of the workflows are automated, relieving time and stress on your staff and saving you money on recruitment, retention, FTEs and missed visits. The staff responsible for new hires will experience such automations as pre-filling demographic information everywhere once it is entered once, customizable CEU requirement task assignment and reminders, tax preparation and filing, sharing job listings across multiple job boards, and payroll generation from EVV import.

Industry Differentiators

Standard payroll companies and software are perfectly capable of running weekly time cards and calculating state and federal taxes. Most of them automate direct deposit. Very few have the built-in capability to change hourly rates during a shift. Viventium allows agencies to customize visit types, names, and rates, allowing an employee to clock in at the start of a shift and adjust their job code as needed throughout the day. Even fewer calculate overtime, benefits eligibility, sick leave accrual, and daily overtime for per visit employees automatically. And Viventium is the first payroll software I’ve come across that is piece-rate compliant, calculating rest pay and non-productive time.

Viventium Payroll

Customizations

HHAs are not “one size fits all” and neither is Viventium. The list of available customizations keeps growing. Agencies can apply custom parameters to:

  • CEU requirements based on license type, expertise, PiPs, etc.
  • Benefit information
  • Reminders for expirations and deadlines on performance reviews, licenses, certifications, and CEUs
  • Workflows for digital onboarding documents, progress tracking, and completion
  • Re-hire eligibility
  • Payroll and overtime calculations for one employee working across agency locations
  • Reporting, analytics, data, in addition to the static analytics dashboard

User Reviews

As a small business with very little need for robust HR systems, payroll software is not really on my “must have” list. Still, I’d be remiss if I didn’t consider using a system with this many “extras”. But, don’t take my word for it. Here is what Viventium customers have to say:

Hospital System with 11-50 Employees

“I enjoy the software and it beats most if not all payroll systems out there for attractiveness to use and navigate through. Very user friendly. When they update the product they always have a training associated with it. It easy to use for our employees as well.”

Home Care Agency with 51-200 Employees

“Viventium has really helped my company by providing payroll services. As a new and small business owner, the “V” team has been patient, helpful and always a pleasure to work with. In our first 2 years, the service has been very helpful and timely. I am very happy I decided to go with the “V” team. Highly recommend for payroll services.”

∼ Carlos, SYNERGY HomeCare in Palm Bay.

Health and Wellness with 1,001-5,000 Employees

“It’s not just another payroll or HR tool, it feels thoughtfully built for real people, especially those of us in healthcare….

Plus, having everything from benefits administration to compliance tracking in one place has saved me countless hours. It’s helped our team stay organized and focused on what really matters: supporting our staff and growing our business.”

Review

In the care at home industry, Viventium is relatively new in comparison with other systems. Outside of care at home, Viventium is trusted by more than 3,000 companies and has the experience and expertise to support more than just payroll, but all workforce management.

The user interface is pleasant and visually pleasing enhancing its very user-friendly, easy to use platform. 3rd party tools are fully integrated, keeping every feature under a single sign-on. Also included is an Android and iOS app for your staff to track and view hours, pay rates, benefits, and education all in one place.

Viventium Payroll Case Study

The automation and customization reduces payroll prep time, improves compliance and accuracy, strengthens retention and recruitment, eliminates physical paperwork for onboarding, and much more. This part is not my opinion, but is based on this efficiency study.

Final Thoughts

If you’re not using Viventium, it is worth exploring. The potential to eliminate multiple software systems and logins is real. The savings in time, retention, and reduced errors are measurable. Viventium is the best kept secret in care at home and based on my conversations with their team, we haven’t heard the last of Viventium’s innovation and industry-specific features.

# # #

Kristin Rowan, Editor
Kristin Rowan, Editor

Kristin Rowan has been working at The Rowan Report since 2008. She is the owner and Editor-in-chief of The Rowan Report, the industry’s most trusted source for care at home news, and speaker on Artificial Intelligence and Lone Worker Safety and state and national conferences.

She also runs Girard Marketing Group, a multi-faceted boutique marketing firm specializing in content creation, social media management, and event marketing.  Connect with Kristin directly kristin@girardmarketinggroup.com or www.girardmarketinggroup.com

©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

**Vendors never pay for product reviews nor does a vendor’s sponsor status influence the content of the review.

Imposter Clinicians

Clinical

by Elizabeth E. Hogue, Esq.

Imposter Clinicians

Although it is relatively rare, there are individuals who impersonate clinicians! Imposters will inevitably slip through the cracks despite concerted efforts by providers.

The First Offense

For example, Thomasina Amponsah recently admitted to posing as a licensed registered nurse at more than forty facilities in Maryland. Beginning in about September 2019 through approximately August 2023 Amponsah used stolen nursing credentials and false educational and professional histories to secure employment at multiple facilities. She was employed primarily at rehab facilities and nursing homes. She earned at least $100,000 in wages with her false credentials.

Amponsah used a Maryland nursing license number issued to another individual, thus making this individual a victim of identity theft.  She then presented a copy of the victim’s license to potential employers.  Amponsah altered her name on applications to include the victim’s last name. She falsely claimed that she had been a supervisor and that she had a nursing degree from Florida State University.

Imposter Clinicians

Adding Injury to Insult

Amponsah also used a second stolen identify to obtain employment.  In July 2021 she submitted an online job application to a staffing agency.  She used a Florida nursing license that belonged to another victim. Amponsah provided a copy of this victim’s license to the staffing agency along with a fictitious resume. She then worked for at least twenty-one different skilled nursing facilities on behalf of the staffing agency.

Imposter Identity Uncovered

Although several employers learned her true identity and terminated her employment, Amponsah continued to gain employment as a nurse in other facilities. She faces a maximum sentence of five years in federal prison for false statements related to health care matters and a mandatory two-year sentence served consecutively to any other sentence for aggravated identify theft.

A Common Occurrence

Then there is the recent case of a Pennsylvania woman, Shannon Nicole Womack, who posed as a nurse in four different states.  She used various false names and paperwork while employed at twenty nursing homes and rehab facilities as a licensed practical nurse, registered nurse, and even nurse supervisor.  Womack was charged with endangering the welfare of care, unlawful use of a computer, identity theft, forgery, theft by unlawful taking, and several other crimes.

Inherent Risks of Imposter Clinicians

There are many implications for services provided by imposters. One is, of course, the possibility of injuries to patients.  Another is that providers may wonder if they are liable under the False Claims Act for services provided by unlicensed individuals. 

Southern Maryland Home Health Services, for example, hired Diane Cannon as a physical therapist (PT) who was unlicensed, even though she claimed to be a fully qualified PT. In order to gain employment, Cannon used the name of an actual licensed PT and provided false references from supposed former employers. In addition, the provider’s hiring agent who interviewed her said that Cannon was familiar with PT terminology and procedures. While Cannon was employed, the provider did not receive any complaints about her that would have put the provider on notice that she was an imposter.

Agency Liability

Consequently, the U.S. District Court for the District of Maryland concluded that providers are only liable for false claims for services provided by imposters if some degree of culpability is attributable to employers other than simply employing an imposter. In other words, providers will probably not have any liability for filing false claims for imposters’ services so long as providers comply with their internal policies and procedures and state and federal requirements, and nothing occurs that puts employers on notice that staff members are imposters.

Final Thoughts

It is quite scary to think about the provision of healthcare services by unlicensed personnel. The consequences could certainly be dire for both patients and providers. However, vigilance by providers usually, but not always, pays off.

# # #

Elizabeth E. Hogue, Esq.
Elizabeth E. Hogue, Esq.

Elizabeth Hogue is an attorney in private practice with extensive experience in health care. She represents clients across the U.S., including professional associations, managed care providers, hospitals, long-term care facilities, home health agencies, durable medical equipment companies, and hospices.

©2025 Elizabeth E. Hogue, Esq. All rights reserved.

No portion of this material may be reproduced in any form without the advance written permission of the author.

©2025 by The Rowan Report, Peoria, AZ. All rights reserved. 

Imposter Clinicians

 

Although it is relatively rare, there are individuals who impersonate clinicians! Imposters will inevitably slip through the cracks despite concerted efforts by providers.

 

For example, Thomasina Amponsah recently admitted to posing as a licensed registered nurse at more than forty facilities in Maryland. Beginning in about September 2019 through approximately August 2023 Amponsah used stolen nursing credentials and false educational and professional histories to secure employment at multiple facilities. She was employed primarily at rehab facilities and nursing homes. She earned at least $100,000 in wages with her false credentials.

 

Amponsah used a Maryland nursing license number issued to another individual, thus making this individual a victim of identity theft.  She then presented a copy of the victim’s license to potential employers.  Amponsah altered her name on applications to include the victim’s last name. She falsely claimed that she had been a supervisor and that she had a nursing degree from Florida State University.

 

Amponsah also used a second stolen identify to obtain employment.  In July 2021 she submitted an online job application to a staffing agency.  She used a Florida nursing license that belonged to another victim. Amponsah provided a copy of this victim’s license to the staffing agency along with a fictitious resume. She then worked for at least twenty-one different skilled nursing facilities on behalf of the staffing agency.

 

Although several employers learned her true identity and terminated her employment, Amponsah continued to gain employment as a nurse in other facilities. She faces a maximum sentence of five years in federal prison for false statements related to health care matters and a mandatory two-year sentence served consecutively to any other sentence for aggravated identify theft.

 

Then there is the recent case of a Pennsylvania woman, Shannon Nicole Womack, who posed as a nurse in four different states.  She used various false names and paperwork while employed at twenty nursing homes and rehab facilities as a licensed practical nurse, registered nurse, and even nurse supervisor.  Womack was charged with endangering the welfare of care, unlawful use of a computer, identity theft, forgery, theft by unlawful taking, and several other crimes.

 

There are many implications for services provided by imposters. One is, of course, the possibility of injuries to patients.  Another is that providers may wonder if they are liable under the False Claims Act for services provided by unlicensed individuals.

 

Southern Maryland Home Health Services, for example, hired Diane Cannon as a physical therapist (PT) who was unlicensed, even though she claimed to be a fully qualified PT. In order to gain employment, Cannon used the name of an actual licensed PT and provided false references from supposed former employers. In addition, the provider’s hiring agent who interviewed her said that Cannon was familiar with PT terminology and procedures. While Cannon was employed, the provider did not receive any complaints about her that would have put the provider on notice that she was an imposter.

 

Consequently, the U.S. District Court for the District of Maryland concluded that providers are only liable for false claims for services provided by imposters if some degree of culpability is attributable to employers other than simply employing an imposter. In other words, providers will probably not have any liability for filing false claims for imposters’ services so long as providers comply with their internal policies and procedures and state and federal requirements, and nothing occurs that puts employers on notice that staff members are imposters.

 

It is quite scary to think about the provision of healthcare services by unlicensed personnel. The consequences could certainly be dire for both patients and providers. However, vigilance by providers usually, but not always, pays off.

©2025 Elizabeth E. Hogue, Esq. All rights reserved.

No portion of this material may be reproduced in any form without the advance written permission of the author.

Quality Improvement Project

Admin

by Kristin Rowan, Editor

Quality Improvement Project

Joint two-year effort publishes results

The Quality improvement project, a joint two-year research initiative between BerryDunn, Strategic Healthcare Partners, and National Alliance for Care at Home, aimed to improve the care experience for patients and improve CAHPS scores. The study implemented best practices targeted toward the CHAPS survey to see what really was working in improving patient and family satisfaction.

“Very little research has been done in the area of home health and hospice CAHPS, and this project is helping to close that gap. By identifying and validating true best practices, we’re giving agencies actionable tools to improve patient and family experience. At the heart of care is the relationship between providers, patients, and families—and improving that experience is essential to achieving meaningful outcomes.”

Lindsay Doak

Director of Healthcare Research and Education, BerryDunn

The Quality Improvement Project

The study included 27 hospice and 36 home health agencies. It ran from October of 2023 through June of 2024. Participating agencies underwent supervisory training and support, customer service and PCC training and support, and patient-centered mentorship certification. They also participated in bimonthly review calls for performance metrics and best practices.

Data comparisons

CAHPS data collected between June 1 and December 31, 2023 served as a baseline to compare with data collected using best practices. New CAHPS data collected between June 1 and December 31, 2024 showed outcomes of the project.

Quality Improvement Project Hospice Domains
Quality Improvement Project Home Health Domains

Best Practice Findings

  • Before funding new or additional initiatives, ensure internal readiness and operational stability to ensure successful implementation
    • Customer service training improved CAHPS outcomes in communication and willingness to recommend
    • Supervisory training improved roll-up scores for hospice and both specific care issues and willingness to recommend for home health
    • Mentorship boosted overall scores in hospice, but had little impact in home health
  • Home Health agencies may benefit from mandated interdisciplinary team meetings for mentorship, peer connection, and ongoing staff education
  • Turnover rates had mixed results
    • Intentional staff changes due to performance issues increased scores
    • General high turnover disrupted continuity and long-term success

Key Takeaways/Conclusions

Implementing patient-centered care (PCC) yielded strong improvement in some areas for some organizations, but overall the project produced varied results. The project was more successful among hospices than home health agencies. PCC training will need changes to achieve measurable impact. The best results came from agencies with the highest participation rates. Further improvement efforts need to be tailored to agency types, cultures, dynamics, and internal barriers.

# # #

This report and the information contained therein is the property of BerryDunn. For more information, contact BerryDunn directly. Download the full report here.

Eleos Navigates Eligibility Risk

Admin

Eleos Navigates Eligibility Risk

FOR IMMEDIATE RELEASE

Contact:                  Amanda Wells

awells@sloanepr.com

Eleos Launches AI Scanner to Navigate Medicaid Eligibility Risk in Real Time

The new OBBBA AI scanner uses Eleos’ ambient AI technology to alert providers of patient eligibility changes, preserving revenue and ensuring care continuity amid sweeping Medicaid policy changes

BOSTON, MA, Aug. 20, 2025 — Eleos, the leading AI platform in post-acute care, today announced the launch of the OBBBA (One Big Beautiful Bill Act) AI scanner, the first real-time tool to proactively detect potential changes to Medicaid eligibility during client sessions. The OBBBA AI scanner uses Eleos’ purpose-built ambient AI scribing technology to inform providers about changes that may impact coverage, giving them time to act before Medicaid coverage lapses. The tool was launched in response to sweeping Medicaid funding cuts and eligibility rule changes.

Eligibility Check

Providers can select Medicaid-related “themes” to track such as housing status, diagnosis updates, or life events like marriage or aging out of eligibility. The OBBBA scanner captures contextual clues that could trigger changes in coverage. Providers use this information to take action to prevent eligibility loss, reduce care disruption and maintain treatment continuity. For care organizations, this means fewer denials and greater revenue stability, as well as better client support.

The OBBBA AI scanner arrives at a critical moment: new Medicaid rules introduce shorter retroactive coverage windows, semi-annual (versus annual) redeterminations and narrowed eligibility criteria — all of which lead to a higher risk of churn, especially for vulnerable groups such as people with serious mental illness and those experiencing housing instability.

Eleos Navigates Eligibility Risk

“We’re hearing from leaders across the country that Medicaid redetermination changes are already causing confusion and fear among clients and providers alike. The OBBBA AI scanner gives providers the earliest possible warning via real-time insights so they can protect coverage and avoid treatment disruptions, ensuring clients continue to receive necessary and life-saving care. This kind of provider-first technology is at the core of Eleos.”

Alon Joffe

Co-founder and CEO, Eleos

Embedded seamlessly within the Eleos Documentation experience, the tracker works in tandem with providers’ existing workflows, requiring no additional software or manual data entry.

Industry leader sees Eleos scanner as critical tool

“OBBBA has created significant uncertainty for the behavioral health sector, and organizations need every possible advantage to navigate it. Properly deployed, purpose-built AI tools help organizations navigate an ever-changing landscape while also promoting the health and well-being of clients and communities.”

Chuck Ingoglia

President and CEO, National Council for Mental Wellbeing

Rationale

The OBBBA AI scanner builds on Eleos’ mission to free care providers from administrative burdens and enable better, more data-informed care. Deployed in over 200 organizations in 30-plus states, Eleos is the most-used AI solution in behavioral health, substance use disorder (SUD) treatment and post-acute care. Its suite of AI-powered documentation and compliance solutions has been proven to reduce documentation time by more than 70%, double client engagement and drive 3-4x better treatment outcomes. 

For more information about the OBBBA AI scanner or to request a demo, visit www.eleos.health.

# # #

About Eleos

Eleos is the leading AI platform for behavioral health, substance use disorder, home health and hospice. At Eleos, we believe the path to better care is paved with provider-focused technology. Our purpose-built AI platform streamlines documentation, simplifies revenue cycle management and surfaces deep care insights to drive better client outcomes. Created using the industry’s largest database of real-world sessions and fine-tuned by our in-house clinical experts, our AI tools are scientifically proven to reduce documentation time by more than 70%, boost client engagement by 2x and improve symptom reduction by 3-4x. With Eleos, post-acute care providers are free to focus less on administrative tasks and more on what got them into this field in the first place: caring for their clients.

HIS to HOPE Help

Admin

by Curantis Solutions

HIS to HOPE Help

HOPE visit types

The HOPE (Hospice Outcomes & Patient Evaluation) model introduces a new rhythm to hospice documentation, one that centers on the patient’s evolving experience of care. To meet HOPE’s standards with confidence, it’s critical to understand the different visit types and their timing.

Let’s break down the three visit types defined by HOPE: INV, HUV, and Symptom Follow-Ups, so your team knows exactly what’s required, when, and why it matters.

HIS to HOPE Help Curantis Solutions

INV

Initial Nursing Visit

What it is: The first clinical touchpoint in the HOPE timeline. The INV marks the beginning of structured data collection and sets the baseline for all subsequent updates.

When it’s due: As soon as possible after admission, ideally within the first day.

What it captures:

  • Key demographic and clinical data
  • Initial symptom impact ratings
  • Observations that may trigger a future follow-up

HUV

HOPE Update Visits

HOPE requires two follow-up check-ins to capture how the patient’s condition is changing over time. These are called HOPE Update Visits—HUV1 and HUV2.

HUV1

When it’s due: Days 6–15 after admission
Purpose: Reassess symptoms and update the patient’s status.

HUV2

When it’s due: Days 16–30 after admission
Purpose: Continue tracking trends and changes, especially as patients stabilize or begin to decline.

Pro tip: Even if the visit wasn’t originally intended as a HOPE Update Visit, clinicians can update their response at visit close ensuring the right file is created.

Symptom Follow-Up Visits

What they are:
Special visits required when certain symptoms (e.g., pain, shortness of breath, anxiety) are rated as having a moderate or severe impact on the patient’s well-being.

When they’re due:
Time-sensitive, must occur within days of the symptom being flagged.

Why they matter:
These follow-ups are the heart of HOPE’s patient-centered approach. They ensure that care plans are adapted quickly and that patients don’t suffer in silence.

Symptom follow-ups should be:

  • Automatically evaluated after each visit
  • Clearly flagged with alerts across the system
  • Auto-documented into the HOPE record upon completion and QA

HOPE Hub

To support you every step of the way, Curantis Solutions has created the HOPE Hub—a dedicated resource center designed to guide your team through a seamless transition to HOPE-based documentation. For more HOPE Resources, visit here.

# # #

About Curantis Solutions

Curantis Solutions

Curantis Solutions was born from a desire to put hospice and palliative care first. With a genuine culture of caring, our team is dedicated to creating a refreshingly simple software experience that utilizes emerging technology, smart design and a cloud-native/serverless architecture to create an experience that is congruent with the technology you utilize in your everyday life. It’s time for hospice and palliative care software to make life easier vs creating arduous workarounds and added frustration. It’s time you experience Curantis Solutions!

Fraud, Waste, and Abuse

Clinical

by Kristin Rowan, Editor

Fraud, Waste, and Abuse

DOJ, HHS False Claims Act

Fraud, Waste, and Abuse has become something of a mantra within the Department of Health and Human Services (HHS). Secretary Kennedy has committed to combatting fraud, waste, and abuse within the federal healthcare system. The Department of Justice (DOJ) and HHS have a long history of working together to combat healthcare frauding under the False Claims Act (FCA).

Working Group

In furtherance of their goal to combat healthcare fraud, HHS and DOJ have formed the DOJ-HHS False Claims Act Working Group. The Working Group will include leadership from the HHS Office of General Counsel, CMS Center for Program Integrity, the Office of Counsel for the OIG, and the DOJ Civil Division.

Working Group Priorities to Combat Fraud, Waste, and Abuse

1. HHS will refer potential False Claims Act violations to the DOJ that are in line with the Working Group priority enforcement areas:

  • Medicare Advantage
  • Drug, device, or biologics pricing
    • arrangements for discounts, rebates, service fees, and formulary placement and pricing reporting
  • Barriers to patient access to care
    • violations of network adequacy requirements
  • Kickbacks related to drugs, medical decives, DME, and other products paid for by federal healthcare programs
  • Materially defective medical devices that impact patient safety
  • Manipulation of Electronic Health Records systems to drive inappropriate utilization of Medicare covered products and services

2. The Working Group will maximize collaboration to expedite investigations and identify new leads. They will leverage HHS resources using data mining and assessment of findings.

3. The Working Group will discuss implementing payment suspension according to the CMS Medicare Program Code of Federal Regulations¹

4. The Working Group will discuss whether DOJ will dismiss a whistleblower case under the U.S. Code for Civil actions for False Claims, pursuant to the DOJ Manual for Civil Fraud Litigation²

Report Fraud, Waste, and Abuse

The Working Group encourages whistleblowers to report violations of the False Claims Act within the priority areas. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477). Similarly, the Working Group encourages healthcare companies to identify and report such violations.

Fraud, Waste, and Abuse

²DOJ Dismissal of a Civil Qui Tam Action. When evaluating a recommendation to decline intervention in a qui tam action, attorneys should also consider whether the government’s interests are served, in addition, by seeking dismissal pursuant to 31 U.S.C. § 3730(c)(2)(A).

¹Suspension of payment. The withholding of payment by a Medicare contractor from a provider or supplier of an approved Medicare payment amount before a determination of the amount of the overpayment exists, or until the resolution of an investigation of a credible allegation of fraud.

# # #

Kristin Rowan, Editor
Kristin Rowan, Editor

Kristin Rowan has been working at The Rowan Report since 2008. She is the owner and Editor-in-chief of The Rowan Report, the industry’s most trusted source for care at home news, and speaker on Artificial Intelligence and Lone Worker Safety and state and national conferences.

She also runs Girard Marketing Group, a multi-faceted boutique marketing firm specializing in content creation, social media management, and event marketing.  Connect with Kristin directly kristin@girardmarketinggroup.com or www.girardmarketinggroup.com

©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

 

Evaluating QHINs Interoperability 3

Admin

by Ben Rosen, Sr. Client Success Manager, Netsmart

Interoperability

What you need to know and how it affects you Part 3

For over two decades, tech companies and government agencies have been moving toward the goal of interoperability in healthcare technology. At long last, standards and protocols are in place—and continually being improved—to support open data exchange networks. As a result, healthcare providers, including human services, post-acute providers and specialty practices, have more opportunities to participate in alternative payment models and adapt more readily to the evolving payment landscape.

This is part three of a four-part series covering the forces that are driving interoperability, as well as the future vision of open networks, and what it all could mean to your organization. Read Part One Here; Read Part Two Here.

Interoperability in Healthcare

Evaluating QHINs for your Organization

As outlined in Part Two of this series, all Qualified Health Information Networks (QHINs) must apply and be accepted according to the baseline requirements outlined by the Trusted Exchange Framework and Common Agreement (TEFCA). While the rigorous testing and project tasks for each QHIN are the same, they may differ in services offered, geographic focus, technical capabilities, pricing and specific target markets. This blog will explore similarities and differences between QHINs, to provide insights that will arm organizations with the knowledge needed to make informed decisions about selecting a QHIN.

How to choose the right QHIN for your organization

As with any major business decision, consider what your organization is currently doing for data exchange and connectivity and how these factors are likely to change in the next 18 to 24 months:

  • The services you provide today and with whom you exchange data.
  • The communities you serve.

Prospective QHINs should have experience in serving the technology needs of the communities you serve and exhibit an understanding of how your service lines could impact the types of data transactions you use. If your strategic plan calls for expanding your services or community footprint – either organically or through partnerships with other providers – you’ll need to consider how your current needs will evolve and how that will affect your QHIN criteria.

QHIN candidates should have experience working with your electronic health record (EHR) vendor and be able to manage a smooth integration with your existing technology. Compatibility with your

EHR will help simplify implementation and further establish the network as a good fit for your organization. Integration capabilities of the QHIN should lend well to your current EHR build, such as being able to integrate the QHIN data directly to your EHR workflows.

Consider technical requirements

Each QHIN will have to build to and abide by the same standards for exchange via TEFCA. These requirements are outlined in the Common Agreement and the QHIN Technical Framework documents. Differentiation among QHINs will come from doing an analysis of your organization’s data exchange requirements and then determining how well they match up with the technical infrastructure and capabilities of the QHINs.

If your service lines require special consent practices or you do business in a state with strict data laws, it is paramount that your QHIN be technically capable of handling your most complicated information sharing needs from day one. Network 

Technology

size and geographic coverage should also factor into your decision as well as the QHIN business itself. QHINs today fall into categories such as developer platforms, data exchanges, and EHRs.

Questions to ask your QHIN short list candidates

Use the previously mentioned factors to focus on your top candidates, then it’s time to start asking about specifics:

  • Cost structure and pricing
  • QHINs may charge a per-transaction fee for their connectivity services. The specific services they can charge for are outlined by TEFCA, but the amount they can charge is not. Be sure to ask about ongoing costs and transaction fees so you can accurately project costs.

  • Additional services, such as analytics or public health reporting
  • All QHINs can provide you with connectivity for data exchange. But you should also explore each QHIN’s ability to provide reporting, analytics and other value-added services that will help you relate that data to your organizational goals.

  • Customer support and ease of onboarding
  • Ask about the onboarding process, how long it typically takes and the level of support you can expect from start to finish.

  • Plans to implement FHIR
  • QHINs will all be held to the same FHIR (Fast Healthcare Interoperability Resources) standards for exchange via TEFCA. When evaluating FHIR capabilities for QHINs, it’s important to understand what the QHIN’s strategy is around subscription services and bulk data access. This also ties into the consideration that even though a QHIN may support FHIR standards, you need to evaluate how well those pieces of information are actually integrated so you receive the information in a usable form.

  • Ongoing compliance with TEFCA and security standards
  • Technology companies must meet strict standards to become a QHIN. But you should also inquire about further monitoring and safety measures that guard against breeches of security and other concerns.

  • Total transactions and how different kinds of transactions are managed
  • Ask vendors for metrics around total transactions facilitated on their network and how they manage the different exchange types that are available via TEFCA. You also should find out ratio of errors to successes they have with their current network participants.

Final Thoughts

Due diligence is always essential whenever you choose technology. Scrutinizing all the factors outlined above for QHINs is particularly important because of the potential they will have for enhancing data sharing throughout your organization. In the final part of this blog series, we will explore actual QHIN use cases and the benefits they may offer.

Coming soon in Interoperability Part 4:QHIN implementation, use cases, and benefits.

# # #

Interoperability Ben Rosen Netsmart
Interoperability Ben Rosen Netsmart

Ben Rosen is a senior client success manager and business unit owner for the interoperability solution suite at Netsmart. With more than a decade of healthcare experience, Ben has led numerous initiatives to integrate healthcare systems and enhance data sharing across the care continuum. His dedication to advancing healthcare interoperability drives his active involvement in industry initiatives and standards organizations, where he provides insight for frameworks such as HL7 FHIR, USCDI and others. Ben holds a Bachelor of Science in kinesiology from Kansas State University and a Bachelor of Science in nursing degree from the University of Nebraska Medical Center.

©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in the Netsmart blog and is reprinted here with permission. For more information or to request permission to print, please contact Netsmart.

Groped by Patients

Admin

by Elizabeth E. Hogue, Esq.

Groped by Patients

Just a Slap on the Wrist

Many aides in a variety of healthcare settings have been the victims of unwanted touching or groping. What should they do? In Dorothy Bills v. WVNH Emp, LLC, and Lanette Kuhnash [No. 2:22-cv-00093 (S.D.W. Va., 2022)], the Court concluded that slapping the hands of groping patients is inappropriate conduct.

In this case, a Certified Nursing Assistant (CNA), Dorothy Bills, was responsible for the care of a patient who had limited mental capacity. He could not control his actions or understand their effect. He was sexually aggressive, and staff members had already been instructed to care for him in pairs.

Dorothy Strikes Back

Dorothy Bills was in the patient’s room alone while another nurse was on her break. She moved close to the patient’s bed to speak to him because he was hard of hearing. The CNA leaned closer to the patient to provide water and to help him stay in bed as he tried to sit up. As she did so, the patient reached out and touched Ms. Bills’ breast and vaginal area. He touched her inappropriately on multiple occasions when she cared for him, so she smacked his hands in response and told him that it wasn’t nice to touch her.

A coworker told Ms. Bills that slapping the patient’s hands was abuse and she must report the incident.

Groped by Patients

Agency Policy

The provider, WVNH, had a policy that prohibited physical abuse, including any form of corporal punishment defined as physical punishment used as a means to correct or control the patient’s behavior. The policy specifically prohibited slapping patients’ hands.

Rapid Escalation

The CNA filed an incident report that said she smacked the Patient’s hands three times. She said she didn’t slap him hard enough to hurt him, but just as one would a child who was misbehaving. As a result, a report was made to adult protective services and Ms. Bills was suspended. Adult protective services dropped the allegation of neglect. The CNA’s employment was terminated and her license later expired.

Groped by Patients, and the Court

Ms. Bills filed suit several years later on the basis that her termination was wrongful because it was in retaliation for resisting sexual harassment. She described slapping the patient’s hands and scolding him to “reprimand” him “like you would a child misbehaving” in both the incident report she filed and during her deposition.  Consequently, the Court said that the only issue is whether employers are prohibited from firing employees who physically punish a patient in response to sexual harassment.

The Court concluded that smacking patients’ hands and scolding them are inappropriate activities. Physically punishing patients, said the Court, is not a reasonable means of opposing sexual harassment by them. Filing complaints and asking for protective measures is appropriate. The CNA appealed the Court’s decision to the United States Court of Appeals for the Fourth Circuit.  On April 29, 2024, the appeals court issued a decision upholding the lower Court’s opinion.

Prevention as a Cure for Being Groped by Patients

Home Care Worker Safety

Here are some practical actions that may help prevent sexual harassment of staff members by patients:

  • Providers should require staff members to document and report every instance of sexual harassment by patients.
  • Staff members who violate the policy should be disciplined.
  • Patients should be evaluated by appropriate clinical staff to determine whether medication may be helpful to address inappropriate touching.
  • Staff members should receive education and training on a regular basis about the causes of inappropriate touching and how to address it.

Final Thoughts

The bottom line is that sexual harassment is not a part of the job description of staff members and providers must take appropriate steps to protect them.

# # #

Elizabeth E. Hogue, Esq.
Elizabeth E. Hogue, Esq.

Elizabeth Hogue is an attorney in private practice with extensive experience in health care. She represents clients across the U.S., including professional associations, managed care providers, hospitals, long-term care facilities, home health agencies, durable medical equipment companies, and hospices.

©2025 Elizabeth E. Hogue, Esq. All rights reserved.

No portion of this material may be reproduced in any form without the advance written permission of the author.

©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

Medicaid Cuts Still Looming

Clinical

by Tim Rowan, Editor Emeritus

Medicaid Cuts Looming

Terminal Prognosis

Let me tell you about my brother. In his early 30’s, Tom was diagnosed with a rare disorder, one of the 25 versions of Ataxia. A disorder that is sometimes genetic, sometimes of unknown cause. It damages the part of the brain stem that controls balance, eye-hand coordination, and speech. He was supposed to be confined to a wheelchair by age 45 and not make it to 60.

Medicaid to the Rescue

Tom will celebrate his 71st birthday next week. Some years back, an experimental drug appeared that happened to be effective with his variation of Ataxia. That medication, administered intravenously in his home, is ridiculously expensive. If not for Medicare and Medicaid, those early prognoses would have come true. With the treatments, the disorder does still progress, though much more slowly. During my visits to his home — yes, he still manages on his own for now — he and I talk about the Assisted Living or Skilled Nursing Facility that looms in his future. Always with his head low and a sigh, he says he knows that day will come.

One in 71 Million

The 20 percent of American citizens who qualify for Medicaid are as nervous as Tom is about a bill making its way through Congress. As of May 22, 2025, H.R. 1 passed the House of Representatives by one vote. Today, it is still under debate in the Senate, where several amendments are being considered.

Medicaid Pays More than Medicare

In a February report, the Kaiser Family Foundation explained it this way:

Medicaid road sign "cuts ahead"

Four in ten adults incorrectly believe that Medicare is the primary source of coverage for low-income people. For those who need nursing or home care, Medicaid is the primary payer. Medicaid covered two-thirds of all home care spending in the United States in 2022. With House Republicans considering $2.3 trillion in Medicaid cuts over 10 years, the availability of home care could be affected in future years. Home care cannot afford the loss of almost one-third of the entire Medicaid budget.

Medicaid Cuts Impact

The February report indicates that H.R 1 could fundamentally change how Medicaid financing works. This would consequently impact enrollees’ access to care. The authors assert that “cuts of this magnitude would put states at financial risk, forcing them to raise new revenues or reduce Medicaid spending by eliminating coverage for some people, covering fewer services, and/or cutting rates paid to home care workers and other providers.”

“Such difficult choices would have implications for home care because over half of Medicaid spending finances care for people ages 65 and older and those with disabilities, the enrollees most likely to use home care and related services.”

Mohamed, A.; Burns, A.; O'Malley Watts, M.

Authors, What is Medicaid Home Care (HCBS)?

Medicaid Cuts Proposals

The Center on Budget and Policy Priorities has been listening to Senate debates and reading proposed amendments. In a news release this week, CBPP offered a dismal assessment.

“The health provisions in the Senate Republican leaders’ plan are, alarmingly, even harsher and more damaging than the health provisions in [H.R. 1]. Under both plans, tens of millions of people would face substantially higher health care costs and millions would lose access to life-saving treatments, routine care, and medications they need.”

Medicaid Cuts

Higher Costs, Less Access

Home Care and the Work Requirement

There is much talk in Congress and in social media about able-bodied Medicaid beneficiaries who sit at home and play video games all day. Not only does this indicate a confusion between healthcare and welfare (you can’t eat or sleep in Medicaid), but it also tends to exaggerate the scope of this fraud/waste/abuse target. 

As KFF points out, most Medicaid adults under age 65 are already working but are paid low enough that they still qualify. Many who are not working (12%) serve as caregivers for a family members. If they are removed from the home to go to a job, someone else would have to take over caregiving duties, probably a home care agency. Thus, there would be a net loss to the system. 

Net Loss

The Congressional Budget Office found when examining the House version that work requirements would decrease federal spending by reducing the number of uninsured. However, in the same report, the CBO notes that there would be no increase in employment numbers.

On top of the uncertain benefit of the work requirement, the bill as it stands today would greatly increase reporting requirements. In place of “once qualified, always qualified,” Medicaid eligibility will require regular reporting to prove employment and annual re-qualification paperwork. The new red tape burdens will be especially difficult on seasonal workers or those who frequently change jobs.

Medicaid Cuts and Rural Hospitals

No one is quite sure what the impact on home care will be when Medicaid cuts force rural hospitals to close, as the CBO predicts. Longer journeys to receive hospital care and doctor visits may push more beneficiaries to home care while home care will be struggling to find caregiving staff.

Before the bill becomes law, rural hospitals are already in trouble. The American Hospital Association says that 48 percent of rural hospitals operated at a loss in 2023 and 92 closed their doors over the past 10 years. There are 16.1 million Medicaid beneficiaries living in rural communities, including 65 percent of nursing home residents. Can home care cover the losses if a portion of the estimated $800 billion in Medicaid cuts over 10 years hit home care just as hard?  

Medicaid Support in Congress

There are home care champions on the Republican side of the House and Senate. Some of them have already expressed their doubts about whether cutting home care would decrease or increase overall spending. In the “strange bedfellow” category, conservative icon Josh Hawley of Missouri swore he would “tank any bill that cuts Medicaid benefits.”

Senate Republicans can afford to lose only three votes to get this bill passed and sent back to the House. Today would be the time for all of them to hear from the care at home industry. Call your Senator. All phone numbers start with 202-224-

# # #

Tim Rowan The Rowan Report
Tim Rowan The Rowan Report

Tim Rowan is a 30-year home care technology consultant who co-founded and served as Editor and principal writer of this publication for 25 years. He continues to occasionally contribute news and analysis articles under The Rowan Report’s new ownership. He also continues to work part-time as a Home Care recruiting and retention consultant. More information: RowanResources.com
Tim@RowanResources.com

©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

Workplace Violence in Home Health

Caregiver Safety

by Kristin Rowan, Editor

Workplace Violence and Policy Impact

Study of home health workers

A group of researchers from the University of Cincinnati, Ohio published a recent study¹ on the frequency and reporting procedures of workplace violence (WPV) in home healthcare. The study specifically addressed WPV in home healthcare, stating limited understanding of WPV in the home care setting. Most existing studies on WPV were hospital-based.

Frequency of Workplace Violence

Of the home health care workers (HHCW) surveyed, almost 37% responded that they experience both verbal and emotional violence in the workplace daily. More than 80% reported experiencing verbal aggression at some point. Physical violence is less prominent. 20% of respondants said they experience physical violence monthly. However, 56.6% said they have experienced physical violence at some point in their current agency. 76.6% of the time, the perpetrators of the violence are the patients of the HHCW.

Workplace Violence

Fig. 1 Frequency of occurrence of physical, verbal, emotional, and sexual abuse as a function of time: daily, weekly, monthly, <yearly, yearly, and never.

Reporting Workplace Violence

All of the study participants indicated they had knowledge of workplace violence reporting procedures in their agencies, but 26.7% were unsure if the policies are contained in the employee handbook. 46.7% were uncertain as to whether the agency offered WPV or de-escalation training and 66% said prevention and de-escalation training was not mandatory. Unfortunately, 40% said their management did not encourage reporting and 33% said they were not comfortable approaching management about WPV. Despite the frequency of WPV among the respondents, none of the participants reported these incidents to management

Thoughts

According to this, and other research studies on workplace violence in home healthcare, the problem is prevalent and persistent. Most HHCWs have experienced some sort of aggression, violence, or abuse in the course of performing their jobs. Of those who have, most do not report the incidents to management. Most HHCWs have not been trained in prevention or de-escalation. Even with training, HHCWs need a way to get immediate help. Unfortunately, most do not have an emergency alert system on their person during home visits.

    Solution

    Care at Home agencies, including non-medical supportive care, home health, hospice, and any other lone workers who are visiting patients in their homes, need safety policies and procedures. Agencies must include the same in the employee handbook, explain during orientation, and make available to HHCWs digitally. 

      Policies and procedures should include:

      • A safety committee comprised of management, back office staff, and field workers
      • A clearly written policy regarding physical, emotional, verbal, and sexual abuse
        • Against a patient or their family/friends by a HHCW
        • Against a HHCW by a patient or their family/friends
        • Against a HHCW by a colleague or manager
        • Against a HHCW by the environment in which they work (i.e. aggressive pets, weapons, cigarette smoking indoors, etc.)
      • A digital reporting system that employees can use without having to approach management individually
      • A clearly written policy on the management response to violence reporting
      • A clearly written policy forbidding any retaliation or discrimination against a reporting employee
      • Required research about new patients including
        • Background/History of violence and/or mental instability
        • Neighborhood safety rating
        • Family members likely to be in the home and their history of violence and/or mental instability

      Additional Tools for HHCWs

      • Training in
        • Violence prevention
        • De-escalation
        • Situational Awareness
        • Self-defense
      • A mandatory, GPS-enabled, multi-function safety device and platform to proactively manage caregiver safety and respond to incidents
      • Optional escort service for new patients
      • Mandatory escort service for new patients with a history of violence, mental issues, or incarceration

      Workplace violence against HHCWs is not “if,” but “when.” It is the responsibility of the agencies to lower the risk, lower the percentage of “whens,” and encourage reporting. If you’re not sure how to begin, hire a consultant to help you build your safety committee and write your policies. It doesn’t matter how you start implementing safety protocols, as long as you follow through and protect your employees.

      # # #

      Kristin Rowan, Editor, The Rowan Report
      Kristin Rowan, Editor

      Kristin Rowan has been working at The Rowan Report since 2008. She is the owner and Editor-in-chief of The Rowan Report, the industry’s most trusted source for care at home news, and speaker on Artificial Intelligence and Lone Worker Safety and state and national conferences.

      She also runs Girard Marketing Group, a multi-faceted boutique marketing firm specializing in content creation, social media management, and event marketing.  Connect with Kristin directly kristin@girardmarketinggroup.com or www.girardmarketinggroup.com

      ©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

       

      1. Obariase, E.; Bellacov, R.; Gillespie, G.; Davis, K. (2025). Assessing Workplace Violence and Policy Impact: A Cross-sectional Study of Home Healthcare Workers. Home Healthcare Now, 43(3), 150-156. doi: 10.1097/NHH.0000000000001345

      Painting Pictures

      Admin

      by Elizabeth E. Hogue, Esq.

      "Painting Pictures" of Patients

      Painting Pictures in clinical documentation to achieve positive audit results. As the fight against “fraud, abuse and waste” continues, responding to audits has become an ongoing burden for many providers. Providers have repeatedly been urged to “paint a picture” of patients in clinical documentation in order to help achieve positive results. “Painting a picture” of the patient, however, may have become more difficult as the use of electronic health records (EHRs) has increased. That is, it’s difficult to adequately describe patients’ conditions when there are so many boxes to check and blanks to fill in.

      Copy, Paste, Repeat

      When it comes to narrative descriptions of patients’ conditions, it is extremely tempting to “copy and paste,” “cut and paste” and/or “copy forward” previous documentation in the EHR. The copy and paste feature allows users to use the content of another entry and to select information from an original or previous source to reproduce in another location. The copy forward capability replicates all or some information from a previous note to a current note, while the cut and paste feature removes documentation from the original location and places it in another location. In addition to the obvious potential problems for quality of care related to the use of these functions, auditors are understandably skeptical of documentation that repeats itself throughout patients’ medical records.

      Painting Pictures of Fraud

      Auditors are especially likely to deny claims that include documentation that was obviously copied using the above functions, when the information copied “sticks out like a sore thumb.” If hospice staff document, for example, that “the patient eats a lot of Mexican food” over and over in clinicians’ visit notes, auditors are understandably skeptical about whether services were necessary for a hospice patient who seems to have a continuous robust appetite or whether services were, in fact, rendered.

      How to Paint the Picture

      What does it mean to “paint a picture?” If a home health patient needs wound care or injections of medications, for example, the “picture” must account for why patients or their caregivers are not performing these activities themselves. Clinicians need to describe the following in a “picture” of the patient:

      • Does the patient live alone or have caregivers?
      • Why can’t patients do wound care or self-inject medications
      • Why can’t caregivers perform these activities?
      • What attempts did clinicians make to assist patients and caregivers to provide wound care and injections?
      • Why were these attempts unsuccessful?
      • What attempts were made to find other caregivers – either paid or voluntary – who might provide these types of care?
      • What were the results of these attempts to find other caregivers?
      • Despite the initial inability of patients and caregivers to render this care themselves, what efforts did clinicians make to help ensure that they became able to do so?
      Painting Pictures

      Get the Picture?

      It’s difficult, if not impossible, to paint the above picture using only the boxes and blanks of forms in EHRs. More is needed if providers are serious about positive audit results.

      # # #

      Elizabeth E. Hogue, Esq.
      Elizabeth E. Hogue, Esq.

      Elizabeth Hogue is an attorney in private practice with extensive experience in health care. She represents clients across the U.S., including professional associations, managed care providers, hospitals, long-term care facilities, home health agencies, durable medical equipment companies, and hospices.

      ©2025 Elizabeth E. Hogue, Esq. All rights reserved.

      No portion of this material may be reproduced in any form without the advance written permission of the author.

      ©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

      TEFCA and QHINs: Interoperability 2

      Admin

      by Ben Rosen, Sr. Client Success Manager, Netsmart

      Interoperability

      What you need to know and how it affects you Part 2

      For over two decades, tech companies and government agencies have been moving toward the goal of interoperability in healthcare technology. At long last, standards and protocols are in place — and continually being improved — to support open data exchange networks. As a result, healthcare providers, including human services, post-acute providers, and specialty practices, have more opportunities to participate in alternative payment models and adapt more readily to the evolving payment landscape.

      This is part two of a four-part series covering the forces that are driving interoperability, as well as the future vision of open networks, and what it all could mean to your organization. Read Part One Here.

      Interoperability in Healthcare

      The creation of TEFCA and QHINs

      TEFCA (Trusted Exchange Framework and Common Agreement) is a national framework designed to enable seamless, secure sharing of health information across organizations. With respect to EHRs, this framework simplifies data exchange with other providers, payers and public health entities while enhancing compliance with interoperability requirements. TEFCA is touted as a nationwide federal and private data exchange network.

      End goal

      One of TEFCA’s main goals is to standardize data sharing, therefore reducing the complexity of managing multiple connections and enhancing the interoperability of your EHR with other systems nationwide.

      TEFCA was created by the U.S. Department of Health and Human Services’ Assistant Secretary for Technology Policy (ASTP). The ASTP is contracting with the Recognized Coordinating Entity (RCE), The Sequoia Project. The RCE is tasked with governing and maintaining the operations of the entities who are electing to implement the TEFCA network, these entities are referred to as Qualified Health Information Networks (QHINs).

      Interoperability
      Interoperability TEFCA QHIN

      QHINs

      The certification process

      QHINs are the entities that build the frameworks to allow data exchange as specified by TEFCA and facilitate the national exchange of health information. A single QHIN may represent dozens or even hundreds of healthcare providers, referred to as participants or sub-participants, across sectors (i.e., acute, human services, post-acute) public health agencies, health IT vendors and payers.

      Applicants must build their TEFCA connection, which is then subjected to rigorous technology and security testing. QHIN applicants must also sign the Common Agreement that is countersigned by The Sequoia Project. These rigorous standards have a time limit: Each QHIN who applies must have their network built, tested and designated by the ASTP and RCE within 12 months of the application acceptance date. As of this writing there are eight designated QHINs and two candidate QHINs.

      Benefits of participating in a QHIN

      • Streamlined Data Exchange
      • Compliance with Federal Interoperability Mandates
      • Access to Broader Patient Data
      • Improved Care Coordination

      The market is already seeing regulatory rules and guidance tied directly to TEFCA. For instance, HTI 1 rule laid the groundwork for TEFCA and the HTI 2 rule is expanding on the process for designation, as well as codifying definitions and use cases to be exchanged via QHINs. Overwhelmingly, one of the biggest benefits to using a QHIN will be the increased types of data exchanged via the network.

      The Same, but Different

      Data exchange via TEFCA will look different than what we are used to with other nationwide networks today, such as Carequality, EHealthExchange or CommonWell. Via TEFCA, QHINs will exchange more robust types of data, referred to as Exchange Purposes, and will deal with higher volumes as a network. A few examples of these Exchange Purposes are clinical documentation (CCD-A), benefits determination data, public health research data, and even lab data, just to name a few.

      Another benefit will be seamless connectivity. Other QHINs should integrate with EHRs to facilitate data exchange, acting as a hub that connects your system with other networks, providers and stakeholders.

      Coming soon in Interoperability Part 3: Not all QHINs are created equal. How to choose the one that’s right for you.

      # # #

      Interoperability Ben Rosen Netsmart
      Interoperability Ben Rosen Netsmart

      Ben Rosen is a senior client success manager and business unit owner for the interoperability solution suite at Netsmart. With more than a decade of healthcare experience, Ben has led numerous initiatives to integrate healthcare systems and enhance data sharing across the care continuum. His dedication to advancing healthcare interoperability drives his active involvement in industry initiatives and standards organizations, where he provides insight for frameworks such as HL7 FHIR, USCDI and others. Ben holds a Bachelor of Science in kinesiology from Kansas State University and a Bachelor of Science in nursing degree from the University of Nebraska Medical Center.

      ©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in the Netsmart blog and is reprinted here with permission. For more information or to request permission to print, please contact Netsmart.

      Elderspeak

      Clinical

      by Elizabeth E. Hogue, Esq.

      Elderspeak

      Providers have all heard baby talk. Baby talk is just one kind of elderspeak, i.e., changes in the way caregivers speak to patients, especially elders, regardless of the person’s ability to understand and respond. 

      Elderspeak includes:

      • Using a singsong voice, i.e., an exaggerated melodious tone
      • Changing pitch and tone to a higher level
      • Exaggerating words
      • Using terms like “honey” or “dear”
      • Using statements that sound like questions
      • Slow speech at a deliberate pace
      • Speaking at a higher volume than normal
      • Using simple, basic words
      • Substituting collective pronouns, such as “we” instead of “you”
      • Lack of eye contact
      • Use of so-called tag questions, such as “It’s time to eat lunch now, right?”
      Elderspeak

      For Example:

      A daughter visited her father in his apartment in an assisted living facility. She heard an aide trying to get her father to do something. The aide said, “Let me help you, sweetheart.” Dad’s response: “What? Are we getting married?”

      Negative Results

      Research shows that using elderspeak can diminish patients’ confidence in their abilities. Elderspeak is, after all, based on an ageist assumption of frailty, incompetence, and dependence. It can also be controlling and bossy. The use of “we” instead of “you” implies that patients are not able to act as individuals. Use of elderspeak may result in resistance to care.

      When and How to Use Elderspeak

      Some elderspeak does help to compensate for changes in cognition, but most of the time it’s confusing or even harmful to use elderspeak because it adversely affects a senior’s ability to understand. What is helpful?

      Based on scientific evidence that older adults experience changes in their working memories that affect the way they hear and understand what is said to them, here’s what may be helpful:

      • Repeat and paraphrase what you say
      • Simplify and be explicit

      Don’t say, for example, “I ate dinner later than usual yesterday, which made my stomach upset, so I missed the class that I enjoy taking.” Instead, say, “I ate dinner late yesterday. My stomach was upset, so I missed the class I like.” In other words, express complex ideas in a chain of simple sentences. Then repeat the main point or say it again another way.

      Final Thoughts

      Old habits are hard to break, but avoiding elderspeak is important because effective communication is essential to quality of care.

      # # #

      Elizabeth E. Hogue, Esq.
      Elizabeth E. Hogue, Esq.

      Elizabeth Hogue is an attorney in private practice with extensive experience in health care. She represents clients across the U.S., including professional associations, managed care providers, hospitals, long-term care facilities, home health agencies, durable medical equipment companies, and hospices.

      ©2025 Elizabeth E. Hogue, Esq. All rights reserved.

      No portion of this material may be reproduced in any form without the advance written permission of the author.

      ©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

      Interoperability

      Clinical

      by Ben Rosen, Sr. Client Success Manager, Netsmart

      Interoperability

      What you need to know and how it affects you

      For over two decades, tech companies and government agencies have been moving toward the goal of interoperability in healthcare technology. At long last, standards and protocols are in place — and continually being improved — to support open data exchange networks. As a result, healthcare providers, including human services, post-acute providers, and specialty practices, have more opportunities to participate in alternative payment models and adapt more readily to the evolving payment landscape.

      Interoperability in Healthcare

      What's driving the need for change?

      Government regulatory agencies, together with payers and healthcare organizations, have long recognized the need to improve care coordination among healthcare providers. Making it easier to share information via a nationwide data sharing network is a critical component of this effort.

      End Game

      The ultimate goal of providing access to complete, accurate patient information is to help drive down costs to providers and electronic health record (EHR) users. Through exhaustive work and years of innovation, we’re seeing the tangible outcome of this effort. Information now flows seamlessly across multiple healthcare networks. Using a concise view of the data, we can focus on broader population health initiatives that improve outcomes for chronic conditions, reduce emergency department (ED) visits, and prevent hospitalizations. The interoperability market is moving ahead at blazing speeds. Therefore, we must understand the players who are the driving forces behind the movement.

      Interoperability

      The Interoperability Highway

      Who are the players and how do they work together?

      Healthcare technology is complex. It’s not surprising, then, that getting the disparate systems to share information seamlessly and securely is a complicated process. In the last decade an increasing number of vendors, organizations, and healthcare players started working together to advance a useful interoperability market.

      Some of the larger players in this space include government and regulatory agencies. To understand the role these entities play and how they coordinate with other organizations and efforts, let’s compare the process to building a national highway system.

      Building an open data exchange network

      • Assistant Secretary for Technology Policy and Office of the National Coordinator for Health (ASTP/ONC): This federal agency sets the vision, rules and regulations for health information technology policy. Compare it to the Federal Highway Administration (FHWA), the federal agency that provides stewardship over the construction, maintenance, and preservation for all interstate highways.
      • Trusted Exchange Framework and Common Agreement (TEFCA): Established by the ASTP/ONC, TEFCA sets the rules for health data exchange over the network. This is similar to plans or blueprints for highway construction. This would also include engineering, construction and safety standards for the highway.
      • The Sequoia Project (RCE): The Sequoia Project is the Recognized Co-ordinating Entity (RCE) for TEFCA and is appointed by the ASTP/ONC. The Sequoia Project is a non-profit, public-private collaborative that leads the implementation project for nationwide data exchange. They approve and help regulate the TEFCA exchange, via QHINs. The Sequoia Project can be compared to a construction manager that approves contractors and oversees quality control measures to ensure standards are met.
      • Qualified Health Information Networks (QHIN)s: QHINs are data sharing networks built to operate the exchange network as outlined by TEFCA. In our analogy, QHINs are the highways, and the companies that build QHINs can be compared to the construction companies that physically build and maintain the roadways themselves.

      Now that you’re familiar with the entities involved in developing the standards for interoperability and building the data exchange networks that make it a reality, we will next look at how these enhanced capabilities can impact your organization.

      This is part one of a four-part series covering the forces that are driving interoperability, as well as the future vision of open networks, and what it all could mean to your organization. Check back for part 2, “How TEFCA affects your technology and what the heck is a QHIN?” coming soon.

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      Interoperability Ben Rosen Netsmart
      Interoperability Ben Rosen Netsmart

      Ben Rosen is a senior client success manager and business unit owner for the interoperability solution suite at Netsmart. With more than a decade of healthcare experience, Ben has led numerous initiatives to integrate healthcare systems and enhance data sharing across the care continuum. His dedication to advancing healthcare interoperability drives his active involvement in industry initiatives and standards organizations, where he provides insight for frameworks such as HL7 FHIR, USCDI and others. Ben holds a Bachelor of Science in kinesiology from Kansas State University and a Bachelor of Science in nursing degree from the University of Nebraska Medical Center.

      ©2025 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in the Netsmart blog and is reprinted here with permission. For more information or to request permission to print, please contact Netsmart.