Peak Rock Acquires Brightstar Care

FOR IMMEDIATE RELEASE

Contact:                                      Daniel Unger
KekstCNC
(212) 521-4800
daniel.yunger@kekstcnc.com

PEAK ROCK CAPITAL AFFILIATE COMPLETES ACQUISITION OF BRIGHTSTAR CARE

Firm continues to invest in high-growth healthcare and franchisor businesses

AUSTIN, TexasMarch 3, 2025 – An affiliate of Peak Rock Capital (“Peak Rock”), a leading middle-market private equity firm, announced today that it has completed the acquisition of BrightStar Group Holdings, Inc. (“BrightStar Care,” or the “Company”) in partnership with the Company’s founder, Shelly Sun Berkowitz.

BrightStar

Founded in 2002, BrightStar Care is a leading franchisor of home care services with over 400 agencies nationwide. The Company’s franchisees provide both skilled and unskilled home care to clients and custom medical staffing solutions to corporate partners. BrightStar Care stands out for its reputation of excellence and ability to maintain a support system for new and existing franchisees to build long-term success. The Company also holds national accounts with corporations and other partners across distinct patient populations providing healthcare staff anywhere it is needed. BrightStar Care franchisees are committed to providing the highest standard of care through their clinical nurse-led care model. Network-wide, the agencies are Joint Commission accredited, which is the nation’s oldest and largest standards-setting and accrediting body in healthcare.

Peak Rock Acquires BrightStar

In Their Own Words

Spencer Moore, Managing Director of Peak Rock, said, “BrightStar Care stands out because of its unique commitment to clinically led, high quality home care services across its franchisee network. We are excited to partner with Shelly and BrightStar Care management and employees to invest in technology, marketing, and growth initiatives to support the Company’s franchisees in serving more patients.”

“I believe our partnership with Peak Rock will help BrightStar Care continue its mission of providing clients with high-quality compassionate care in the home, as well as make investments to facilitate continued growth with existing and new franchisees. I am looking forward to working with the Peak Rock team during the Company’s next stage of growth.”

Shelly Sun Berkowitz

Founder and Executive Chairwoman, BrightStar Care

“We have found a strong partner in Peak Rock Capital, a group aligned with BrightStar Care’s mission and vision for the future,” said BrightStar Care CEO Andy Ray. “With Peak Rock Capital, BrightStar Care will broaden access to high-quality care for more families, making key investments as we continue to lead the industry.”

Anthony DiSimone, Chief Executive Officer of Peak Rock, added, “This transaction demonstrates Peak Rock’s commitment to investing in founder-owned businesses with strong growth potential. It also highlights our continued interest in investing in resilient healthcare businesses and franchisors that will benefit from our expertise in supporting rapid growth.”

Acquisition Team

JP Morgan and Boxwood Partners served as the financial advisors and Latham & Watkins served as legal counsel to BrightStar. Lincoln International served as the financial advisor and McDermott Will & Emery served as legal counsel to Peak Rock.

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About BrightStar Group Holdings, Inc.

Founded in 2002, BrightStar Care is a leading franchisor of home care services with more than 400 franchised locations nationwide that provide skilled and unskilled home care to clients and custom medical staffing solutions to corporate entities. Their franchise agencies across the country employ more than 15,000 caregivers and 5,700 registered nurses who oversee the care and safety of each individual client. Franchisees are committed to providing a higher standard of care through their clinical nurse-led care model. Network-wide, the Joint Commission accredited BrightStar Care agencies. Joint Commission is the nation’s oldest and largest standards-setting and accrediting body in healthcare. BrightStar Care has also consecutively received The Joint Commission Enterprise Champion for Quality award for more than a decade. For further information about BrightStar Care, please visit www.brightstarcare.com.

About Peak Rock Capital

Peak Rock Capital is a leading middle-market private investment firm that makes equity and debt investments in companies in North America and Europe. Their equity investment platform focuses on opportunities where it can support senior management to drive rapid growth and profit improvement, with expertise in corporate carve-outs and partnering with families and founders seeking first-time institutional capital. The credit platform invests across capital structures, with a broad mandate to provide flexible, tailored capital solutions to middle-market and growth-oriented businesses. Peak Rock’s real estate platform makes equity and debt investments in small to mid-sized real estate assets in attractive, growing geographies. For further information about Peak Rock Capital, please visit www.peakrockcapital.com.

©2025. This press release originally appeared on prnewswire. For additional information, please see the contact information above.

Fractional Home Care

by Tim Rowan, Editor Emeritus

Solve Nagging Problems; Raise Revenue

Along with the rest of the Private Pay sector, Jessica Nobles’ Eastern Tennessee agency was struggling with caregiver recruitment and retention. Finding good people is less than half the battle. To keep them, you have to pay a competitive wage and provide enough hours to ensure that wage translates into an attractive and predictable monthly income. We spoke with Jennifer, Founder of Home Care Ops, last week to learn one of her solutions.

Fractional Home Care

What Nobles calls “Fractional Home Care” is providing services in a senior living community with one or more caregivers stationed on site. Residents pay a membership fee or pre-purchase a package of hours. The agency is thus guaranteed a small revenue base and clients are free to request services for a few minutes or a few hours on an as-needed basis.

“Our caregivers love this arrangement because it virtually guarantees them full-time pay. They remain on site at the facility for a contracted shift, which can be their choice of daytime or night hours. If demand warrants it, we will assign more than one caregiver at a time.”

Jessica Nobles

Founder, Home Care Ops

She added that the advantage to the agency is that nearly all of a caregiver’s day is paid hours. There are no mileage reimbursements and no paying for travel time or idle time. “Think of it as a co-op,” she continued. Ten clients can share one caregiver. They get all the care they need and our caregivers are earning for their entire day.”

The benefit accrues to independent living communities as well. Their arrangement with an outside Home Care agency means they no longer have the burden of hiring and retaining a caregiving staff of their own and their residents get better care. The residents pay for the services, not the facility, and they have the option of using the on-site caregivers as needed or through the pre-purchase plan of a block of ten or twenty 15-minute units.

A Typical Scenario

Jessica offered an example of how Fractional Home Care often works. An Assisted Living Facility resident lives independently but occasionally needs help with showers, or help getting to and from the community center, etc. In a typical home care setting, that person would have to bring in a caregiver for four, six, or eight hours, though less than an hour is needed. The family speaks with the onsite agency to arrange for the specific help needed, whether it is a few minutes

Fractional Home Care ALF

every other day or an hour every day. The agency offers a membership at flat fee and both parties get exactly what they need. The caregiver is available to add other residents to his or her schedule, making it possible to achieve a 40-hour work week.

“Some patients might need traditional daily care as they might get from any other agency,” Jessica explained. “They can contract for that for around $1,600 per month. Our caregiver can come multiple times a day since there are no drive time concerns.” She said that not every client needs a membership program. Some prefer pre-sold units, perhaps buying five 15-minute visits in advance. “They never have to pay for down time. Our caregivers never sit idle should their work be done before their shift is up.” 

Jessica Nobles Fractional Home Care

Fractional Home Care Improves Agency Reputation

Jessica has found that her agencies have earned a reputation for such excellent care that they have occasionally replaced franchise home care organizations locally that have national contracts with national ALFs. Some of these facilities have been dissatisfied with the care they were getting with their national organization’s contracted agency. When this happens, they seek a local agency to replace them. Jessica has seen this several times when the franchise was not staying on site.

“We explain our fractional model, with someone on site at specified times when at least three residents have signed on, and one caregiver per 10 clients. The more clients who sign up, the more caregivers we station at the facility. This leads to an additional benefit for the ALF. This level of service delays the day the family decides to move Mom from their community to a nursing facility.”

Fractional Home Care has been so successful, the word spread to other residential communities. Nobles’ company had had to turn some away. When that happened, she and her partner and husband began to teach the system to other agencies.

There was one obstacle, she admits. There were no Agency Management Software systems that could be adapted to the fractional way of providing care. She and her team finally created their own…right before she found one on the market that met their needs. Jessica introduced us to Tim and Gina Murray, co-founders of Cinch CCM. Jessica recommends Cinch CCM to fractional home care agencies. We have scheduled a demo and will have a review in the near future.

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About Jessica Nobles

With over a decade of Private Duty Home Care leadership and knowledge, Jessica Nobles worked her way up through every position from Caregiver, Operations Coordinator, Franchise Developer, and Independent Agency Owner. As the founder and operator of Nobility Care Solutions, she grew her revenue to six figures within the first year of business through grassroots marketing, creative community engagements, and referral partnerships. She is also the Executive Administrator for Home Care Ops where she coaches, consults, and empowers other home care owners and operators to create operational systems and strategies that build lasting business success and consistently increases revenue.

Tim Rowan, Editor Emeritus

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

©2024 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in Healthcare at Home: The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

Reduce Insurance Claim Denials

by Lynn Labarta, SimiTree

Reduce Insurance Claim Denials

2025 Guide for Home Health and Hospice Agencies

Is your home health or hospice agency struggling with insurance claim denials? You’re in good company. As we move into 2025, claim denials remain the #1 challenge affecting revenue cycles across the industry. But there’s hope – we’ve compiled the latest strategies and insights to help you overcome this persistent challenge.

The Current State of Home Health & Hospice Billing

The healthcare landscape continues to evolve, and with it, so do the complexities of billing and reimbursement. Home health and hospice agencies face unique challenges, from managing PDGM requirements on the home health side to navigating multiple payer systems on the hospice side. Recent data shows that denied claims significantly impact not just revenue but also patient care delivery and operational efficiency.

SimiTree Reduce Claim Denials<br />

Understanding Home Health & Hospice-Specific Denial Triggers

Let’s examine the primary causes of claim denials in our sector:

Home Health Eligibility Challenges

  • Medicare homebound status verification issues
  • Face-to-face documentation gaps
  • PDGM period confusion
  • Medicare Advantage plan authorization complexities

Hospice-Specific Documentation Issues

  • Terminal illness certification problems
  • Level of care documentation gaps
  • Missing physician narratives
  • Notice of Election timing issues

Strategic Solutions to Reduce Insurance Claim Denials in 2025

Optimize Your Intake Process

  • Implement robust homebound status verification- Home health
  • Establish face-to-face documentation protocols
  • Create PDGM period tracking systems- Home health
  • Develop payer-specific authorization workflows

Leverage Technology Effectively

  • Use specialized home health & hospice billing software
  • Implement automated eligibility verification systems
  • Set up PDGM period alerts- Home health
  • Utilize NOE and NOA tracking tools

Build a Specialized Denial Management Approach

  • Create dedicated teams for Medicare vs. non-Medicare appeals
  • Develop PDGM-specific denial protocols- Home Health
  • Establish hospice-specific documentation review processes
  • Implement specialty-focused staff training programs

Pro Tips for Implementation

  1. Focus on specialty-specific staff training in home health and hospice billing requirements
  2. Create separate workflows for different payer types (Medicare, Medicare Advantage (home health), private insurance)
  3. Implement weekly PDGM period reviews- Home Health
  4. Establish clear communication channels between clinical and billing staff

Looking Ahead in 2025

The home health and hospice landscape continues to evolve, but with proper strategies in place, your agency can thrive. Focus on building robust processes that address the unique challenges of our industry while maintaining compliance and optimization.

Action Steps to Reduce Insurance Claim Denials for Your Agency

  1. Evaluate your current denial rates by payer type
  2. Assess your PDGM period management effectiveness- Home Health
  3. Review your hospice documentation protocols
  4. Implement targeted improvements based on your findings

Remember, reducing claim denials isn’t just about better processes – it’s about ensuring your agency’s financial health so you can continue providing essential care to your community.

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Lynn Labarta reduce insurance claim denials
Lynn Labarta reduce insurance claim denials

Lynn Labarta, VP of Post Acute RCM and the founder of Imark Billing (now SimiTree) has a wealth of experience in the healthcare industry. Lynn provides comprehensive billing services for home health and hospice agencies, streamlining their revenue cycle management process while supporting and managing billing challenges and compliance with evolving healthcare regulations and managing billing challenges; essentially acting as a key partner to ensure accurate and timely claim submissions and optimal revenue collection for agencies.

©2024 by The Rowan Report, Peoria, AZ. All rights reserved. This article originally appeared in Healthcare at Home: The Rowan Report. One copy may be printed for personal use: further reproduction by permission only. editor@therowanreport.com

Product Review: Plan-of-Care Documentation

by Kristin Rowan, Editor

OASIS Assessment is a Time Suck

Regulatory requirements for home health quality assurance are designed to monitor and improve quality of care. QA focuses on ensuring that patients get safe, effective, compassionate care that meets their individual needs. QA also improves patient outcomes and reduces adverse events like ER visits and rehospitalizations. OASIS includes 79 standardized medical, nursing, and rehab data elements for a comprehensive assessment. Typical OASIS assessments take 1-2 hours to complete, depending on the patient’s complexity and the assessment type. 

Artificial Intelligence in OASIS coding

The Rowan Report recently came across a tool that addresses the complexities of OASIS coding. We sat down with Zach Newman (CEO) and Dan Conger (Founder) at Enzo Health to learn more about their AI powered QA tool with customizable workflows.

Co-pilot for Your Agency

Enzo Health is a documentation tool that automates workflows, acting as a co-pilot for your agency. Some of the workflows that Enzo Health supports include intake, OASIS, and QA reviews. Automating these processes can reduce errors and clawbacks, save your clinicians hours of paperwork, and offer cost savings to your agency.

QA Process

With the Enzo health QA tool, users upload all documents related to an episode. This will include the referral, initial visit notes, patient information, medical history, and form 485. Enzo calls out any issues it finds in the documentation.

In Face-to-Face encounters, Enzo looks for dates, signatures from qualifying clinicians, a valid primary diagnosis, and other qualifying information.

For ICD-10 Coding, Enzo assesses primary and secondary diagnoses, and adds notes with links to where the information can be found in the uploaded documentation.

Enzo then provides functional limitations and improvements that can be made. Using a team of clinicians that are trained as home health coders, Enzo provides a proxy for internal teams. These coders review charts and finalize diagnosis coding and OASIS answers.

Episode of Care

Qualification for an episode of care is required before anything else happens with a referral. Enzo’s intake automation tool reviews the referral package in advance of the initial F2F. Mirroring the agency’s internal intake process, Enzo determines whether the patient will be admitted to care, whether their insurance will cover the episode, and whether the patient’s psych history may impact the plan of care.

Enzo Health QA Automation

Clinical Assistance

The Rowan Report has often stated, and will continue to stand by this fact, that there is no substitute for face-to-face care and the expertise of the nurses and clinicians in the home. We have also seen the advancement of artificial intelligence that provides assistance and guidance at the point-of-care that can be useful. Enzo health includes a chat tool that pulls evidence-based information to provide guidance, coding instructions, and other help to nurses.

QA Tool Integration with Scribe Tool

Enzo Health has developed a talk-to-text scribe tool that integrates directly with the QA tool. The use of both products together would likely save more time as well as reduce errors. The Rowan Report will provide a thorough product review of the scribe tool at a later date. Enzo Health charges a flat fee determined by volume and offers bundle pricing for using both the QA and Scribe tools.

Final Thoughts

Costs are increasing, the workforce shortage is ongoing, nurses are suffering from burnout, and employees are stretched about as thin as they can go. Any tool that alleviates paperwork, stress, unpaid work at home to finish documentation, and the need for additional back-office staff is worth looking into. Enzo differentiates its tool from other QA software with their team of clinicians trained in home health coding to review the documentation. This end-to-end tool boasts a 95% accuracy rate and do date has no clawbacks or ADRs. 

In my conversation with Zach and Dan, their coding expertise and knowledge of the home health industry were evident. They are excited about the tools they are creating and passionate about helping agencies to provide patient care, a task they referred to as “very noble.” They continue to improve upon their software and conceive of innovative additions. If they continue as they started, Enzo Health will be one to watch.

VitalCaring Pulls Agreement

by Kristin Rowan, Editor

Just as we were setting the article on UnitedHealth Group and Amedisys for publication, we received the following breaking news story:

VitalCaring Divestment Agreement Cancelled

VitalCaring entered into the agreement on June 28, 2024, just after the merger announcement and initial pushback from the Department of Justice. The DOJ approved the divestiture, despite some misgivings about the quality of care. VitalCaring said at the time that it believed the merger and the divestment were in the “best interest of patients and stakeholders.”

VitalCaring has been under its own scrutiny since 2022 when Encompass Health and its home health and hospice arm, Enhabit, Inc. accused VitalCaring CEO April Anthony of using unethical practices to establish the company. Anthony is the founder of Encompass Home Health & Hospice, the previous owner and CEO of Liberty Health Services, and founder and former CEO of Homecare Homebase.

She Who Shall Not be Named

Encompass Health filed an injunction against April Anthony, and her partners Vistria Group and Nautic Partners in 2021 for violation of the terms of her employment agreement, non-competition agreement, non-solicitation, and misappropriation of trade secrets.

Anthony and her partners purchased a small home health agency in Louisiana and started plan for its growth while Anthony was still CEO of Encompass. Additionally, Anthony recruited employees of Encompass to work at her new venture using a fake recruiter to cover her tracks. Anthony used fake names, spouses’ phones, and her personal laptop to remain undetected during this time. Anthony asked her partners and recruits to refer to her as Voldemort.

Judgment Day

In August of 2022, a judge called the actions of Anthony and her partners “willful misconduct” and agreed with almost all of Encompass’s allegations. The judge found that Anthony was in violation of her non-compete agreement and that she was actively running a direct competitor while still serving as CEO of Encompass. The judge stated, “These are not the actions of a person complying with her contractual obligations.” Although Encompass’s injunction asked to have the non-compete agreement extended, the judge only enforced the existing non-compete agreement, and found that that Anthony had violated the covenant.

Pay the Piper

The Delaware Court of Chancery, in December of 2024, agreed with the earlier findings of the court and found that Anthony, two former senior officers of Encompass, and the investment companies were complicit in their miconduct and that VitalCaring was a result of their deceit.

The court awarded an upfront payment for mitigation damages of $1.62 million dollars plus attorneys’ fees. The court also imposed a trust entitling Encompass Health and Enhabit to 43% of al of VitalCaring Group’s future profits, paid quarterly as well as 43% of proceeds if and when the company is sold.

Divorce Proceedings

Depending on the source, each of the companies involved in the divestiture agreement are claiming credit for filing for divorce. 

  • An equity analyst for UnitedHealth Group said, “UNH has abandoned VitalCaring as a divestiture buyer after the Delaware Chancery decision against VitalCaring’s executives.”
  • An article from a hospice website stated, “Amedisys has halted the divestiture of some of its home health and hospice locations to Texas-based VitalCaring. 
  • A stock market website reported “VitalCaring Group cancelled the acquisition of certain home health care centers from UnitedHealth Group, Inc.”

Regardless of who filed for divorce, UnitedHealth Group and Amedisys are courting new partners to acquire the home health centers that need to be divested before their marriage can be blessed by the DOJ.

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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 .She also has a master’s degree in business administration and marketing and 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

 

Congress Allows Medicare Advantage to Deny Coverage

by Kristin Rowan, Editor

Medicare Advantage Bill Dies in Congress

The 118th United States Congress, ran from January 3, 2023 to January 3, 2025. This Congress’s first law was passed on March 20, 2023, much later than most previous congressional sessions. In its first year, it passed only 34 bills. In the two years of this congressional run, the 118th passed 209 public laws, almost half the average since 1989. Among the many bills that died on the floor before time ran out was the Improving Seniors’ Timely Access to Care Act (H.R. 8702/S. 4532). Senate and House members introduced the bill on June 12, 2024.

Improving Seniors' Timely Access to Care

In June of 2024, senators and representatives introduced bipartisan legislation that would have curbed Medicare Advantage’s ability to deny claims. The bill included language that allowed CMS the authority to establish standard timeframes for electronic prior authorizations requests including expedited requests and real-time decisions for routinely approved services. The bill also included requirements for transparency and reporting, including:

    • establishing an electronic prior authorization process
    • establishing a process for real-time decisions for routine services
    • providing more detailed reports on use of prior authorization including
      • rates of approvals
      • denials
      • average time for approvals
    • pressing Medicare Advantage providers to incorporate input from health care providers on their authorization processes and decisions
    • adopting prior authorization programs that adhere to evidence-based medical guidelines
    • requiring Medicare Advantage providers to report on the percentage of denied claims that were later overturned

Overwhelming Support

At the time this bill was reintroduced to Congress in June, 135 House co-sponsors and 44 Senate co-sponsors signed on. By the end of July, the bill had been read, sent to the House Ways and Means Committee, and passed. Representative Mike Kelly (R-PA) noted that more than 500 organizations had endorsed the act. 

Urgent Need for Change

In early 2024, an audit from the Office of the Inspector General (OIG) at the U.S. Department of Health and Human Services (HHS) revealed that Medicare Advantage plans eventually approve 75% of authorization requests for services that were initally denied. More recently, HHS OIG released a report showing that MA plans incorrectly denied services to beneficiaries even though they met the requirements for coverage. Following the report, HHS OIG made the following recommendations to CMS:

    • issue new guidance on the use of MAO clinical criteria in medical necessity reviews
    • update audit protocols for Medicare Advantage to address the issues of MAO use of clinical critera and examining service types
    • direct MAOs to indentify and address the causes for manual review errors and system errors.

CMS agreed with all three recommendations.

Dead in the Field

Despite the bipartisan, bicameral support of this much needed overhaul of Medicare Advantage providers, the bill is currently in pile of unaddressed issues that the 118th Congress just didn’t get to. Despite having it in front of them for five months, and despite passing nearly half the legislation of the 17 most recent congressional sessions, the bill that would keep MA beneficiaries from waiting inordinate amounts of time for routine care will have to wait for the next session to resume. Let’s hope the 119th Congress is more productive.

Medicare Advantage 118th Congress

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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 .She also has a master’s degree in business administration and marketing and 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

 

Good News for Veterans and Care at Home

by Kristin Rowan, Editor

Biden's Final Acts

With only a short number of days left in office, President Joe Biden has been making headlines. Not all of his final decisions have been met with absolute approval, but his latest one will make a difference for our veterans wanting Care at Home. On Thursday, January 3, 2025, President Biden signed into law the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act.

The Dole Act

The Elizabeth Dole Act improves upon much of the benefits, programs, and services provided by the Department of Veterans Affairs (VA). Some of these changes include providing protections for care agreements between veterans and clinicians, modifications to educational assistance programs and benefits, expansion of the Native American Direct Loan program, increases per diem rates for veteran transitional housing, and various administrative and oversight tasks.

Elizabeth Dole Home Care Act

The Elizabeth Dole Home Care Act is a bill within the larger act specific to home- and community-based services (HCBS). The home care act aims to enhance veterans’ access to the Program of All-Inclusive Care for the Elderly (PACE) nationwide. The new law also allows the VA to increase funding for HCBS. Prior to this, the VA was able to allocate 65% of nursing home care to home care services.

Additionally, the home care bill will provide support and benefits to caregivers of some disabled veterans, start a pilot to provide non-medical supportive care at home to veterans with limited access to home health aides, and increase access to HCBS for Native American Veterans.

The Industry Responds

The National Alliance for Care at Home responded to the landmark legislation, specifically siting section 301 of the bill, known as Gerald’s Law. Gerald’s is so named for a Michigan veteran who was denied his non-service related burial and plot benefit after he died at home while under VA hospice care. Gerald’s Law requires the VA to provide a burial and funeral allowance for veterans who were receiving VA hospice care in a home or other setting outside a hospital or nursing home.

“We are deeply grateful for the bipartisan support of Gerald’s Law and its inclusion in the Dole Act. This legislation ensures that Veterans and their families can choose hospice care in the setting that best meets their needs without risking the loss of crucial burial benefits. We thank Senators Moran, Tester, and Hassan, Representatives Ciscomani, Bost, Brownley, and Takano, and many others for their leadership, as well as President Biden for signing this important bill into law.”

Dr. Steve Landers

CEO, The Alliance

HCAOA, Leading Age, National PACE Association (NPA), and many others joined the Alliance in applauding Biden for signing the bill into law. They noted that providing care at home and in the community improves the quality of life for veterans and their caregivers. HCBS also come at a much lower cost than hospital and institutional care. 

HCAOA said in a statement that the bill is “…a crucial victory for both veterans and their caregivers.” The President and CEO of NPA said the bill would dramatically increase options for veterans who want to age in place and that Congress can “…easily implement PACE for hundreds of thousands of additional seniors and their families.”

The VA has found that HCBS can delay or remove the need for nursing home or assisted living admission. Care at Home also reduces the risk of preventable rehospitalizations. 

Final Thoughts

Once again, it seems the world is “discovering” that which we have known for ages: Home based care is better, cheaper, and more effective than institutional care. In the last few years, doctors and hospitals have figured this out and implemented hospital at home care. Now, the VA has finally figured it out as well. When this law takes effect, we as an industry will breathe a collective sigh when our veterans see better outcomes, their caregivers are better supported, the cost for their care decreases, and especially when our veterans enjoy a better quality of life in their final days without sacrificing the benefits to which they are so richly entitled. 

One small step for veterans, one giant leap for Care at Home.

# # #

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 .She also has a master’s degree in business administration and marketing and 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

 

Proposal to Update HIPAA Security Rule

HHS OCR Proposes Updates to the HIPAA Security Rule to Respond to Emerging Threats

by Paul F. Schmeltzer and John F. Howard, Clark Hill PLC

HHS Proposal

On Dec. 27, the Department of Health and Human Services (HHS) issued proposed updates to the HIPAA Security Rule to address evolving cybersecurity threats in healthcare. Introduced through a Notice of Proposed Rulemaking (NPRM) by the Office for Civil Rights (OCR), the substantial updates aim to enhance the protection of electronic protected health information (ePHI) while aligning the two-decade-old regulations with current technological advancements. These changes are especially crucial in a healthcare environment increasingly reliant on electronic health records (EHRs), online patient portals, telehealth platforms, and interconnected medical devices.

Since its adoption in 2003, the HIPAA Security Rule has served as the foundation for safeguarding ePHI. However, the healthcare landscape has changed dramatically with the rise of cyber threats like ransomware, phishing attacks, and hacking incidents that result in data breaches. OCR’s investigations into HIPAA compliance across the healthcare industry have also revealed significant inconsistencies, underscoring the need for updated regulations that provide clarity and enforceability.

Revisiting “Addressable” vs. “Required” Specifications

Among the most significant aspects of the proposed changes in the NPRM is the reconsideration of the distinction between “required” and “addressable” implementation specifications, a hallmark of the original Security Rule that has often caused confusion. Required specifications must be implemented as outlined, with no exceptions. Addressable specifications, on the other hand, give entities the flexibility to evaluate their feasibility and adopt alternative measures if implementing the original specification is deemed unreasonable or inappropriate. This flexibility has often been relied on by mid and small-sized HIPAA-covered entities in their compliance efforts.

The NPRM proposes eliminating the concept of “addressable” implementation specifications and making all implementation specifications required, with limited exceptions. This includes reclassifying encryption of ePHI at rest and in transit as a required specification, reflecting its essential role in mitigating cyber risks and its widespread availability. Previously, entities could justify not using encryption if they documented their rationale and implemented alternative measures. The proposed change eliminates this flexibility, simplifying compliance expectations and reinforcing encryption as a baseline safeguard for ePHI. This same change would follow for other specifications under the rule, highlighting OCR’s desire to strengthen and simplify the Security Rule.

Strengthened Administrative Safeguards

The NPRM introduces several enhancements to administrative safeguards to address modern security risks. Comprehensive risk analysis remains a cornerstone of HIPAA compliance, but the proposed updates add specificity to these requirements. Entities will be required to maintain a detailed inventory of all technology assets that interact with ePHI and map how ePHI flows within their systems. This mapping ensures visibility into where sensitive data resides and how it is accessed, helping organizations proactively identify and address vulnerabilities. The inventory and map would then be required to be reviewed every 12 months as part of an entity’s risk assessment and risk management processes.

Incident response planning is also emphasized. Entities must develop robust written plans that include protocols for detecting, containing, and recovering from cyberattacks or breaches. These plans should be regularly updated to align with emerging threats and best practices. Workforce training requirements are also expanded under the NPRM, with a focus on providing comprehensive and role-specific education. These programs must address unique vulnerabilities tied to specific job functions and be updated regularly to combat threats like phishing and social engineering.

Strengthened Physical and Technical Safeguards

Physical and technical safeguards also receive significant attention in the NPRM. To secure ePHI, physical access to facilities and devices must be tightly controlled through advanced measures such as biometric authentication, badge systems, and video surveillance. These controls aim to protect ePHI from unauthorized access, theft, or tampering.

The NPRM proposes a definition of the term “multi-factor authentication” (MFA) that entities would be required to apply when implementing the proposed rule’s specific requirements for authenticating users’ identities through verification of at least two of three categories of factors of information about the user, such as passwords combined with biometrics, to secure access to systems containing ePHI. Additionally, the NPRM encourages using advanced threat detection tools like intrusion detection systems, AI-powered anomaly detection, and real-time breach alerts to proactively address security risks.

Addressing Challenges for Small and Rural Providers

HHS recognizes the unique challenges faced by smaller healthcare providers, particularly those in rural and tribal areas, where resources for implementing complex security measures are often limited. The NPRM seeks to provide scalability, allowing entities to implement solutions proportional to their size and complexity. Tailored guidance and tools are expected to support these providers, and regional collaborations are encouraged to pool resources and expertise for improved cybersecurity.

Implications for Stakeholders

For healthcare providers and business associates, the proposed updates necessitate significant investment in technology, training, and compliance infrastructure. Allocating budgets for tools like encryption and MFA, revising and drafting policies and procedures, and updating vendor contracts to ensure alignment with new standards are critical steps. Failure to comply with these updated requirements could lead to stricter enforcement actions and penalties. Fortunately, the proposed changes also remove some of the guesswork needed to comply with the Security Rule. Making areas where investment is needed easier to identify.

Patients stand to benefit significantly from the proposed changes, as stronger protections for sensitive health information can help rebuild trust in healthcare systems. By reducing the frequency and severity of breaches, the NPRM supports greater patient engagement and the adoption of digital health technologies. Regulators, equipped with clearer enforcement guidelines, will be better positioned to ensure compliance and address violations effectively.

Alignment with Broader Cybersecurity Efforts

The proposed updates align with national and international cybersecurity frameworks, including the NIST Cybersecurity Framework and the General Data Protection Regulation (GDPR). These alignments position the U.S. healthcare sector as a global leader in data security while promoting best practices like continuous monitoring, risk management, and strong encryption.

Implementation Timeline and Next Steps

The NPRM is to be published in the Federal Register on Jan. 6, 2025, after which a 60-day public comment period will follow. The final rule will take effect 60 days post-publication. Entities will have 180 days to achieve compliance, with additional time provided to update business associate agreements. The NPRM encourages stakeholders to provide feedback on the practicality and cost-effectiveness of the proposed changes during the comment period.

Conclusion: A Necessary Evolution in Cybersecurity

The proposed updates to the HIPAA Security Rule represent a critical step forward in securing ePHI against today’s sophisticated cyber threats. By reclassifying key specifications, enhancing safeguards, and providing greater clarity for compliance, the NPRM builds a robust framework for protecting both patients and providers. While these changes may pose challenges for some organizations, they are an essential evolution in safeguarding sensitive data in an increasingly digital world. As healthcare continues its digital transformation, these updates underscore the importance of cybersecurity as a cornerstone of quality care and public trust. Investment in a strong cybersecurity posture up front will prove valuable and ultimately save the entire healthcare industry in the long run.

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This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.

©2025 This article originally appeared on the Clark Hill website and is reprinted with permission.

UnitedHealth Group Amedisys Merger Faces Further Delays

by Kristin Rowan, Editor

UHG and Amedisys Waive Termination

The UnitedHealth Group and Amedisys merger has been an ongoing story since the initial merger agreement was signed in June of 2023. The proposed merger came under scrutiny by the Federal Trade Commission (FTC) and the Department of Justice (DOJ). UnitedHealth Group and Amedisys are competitors in the home healthcare market and the merger would hurt patients.

“UnitedHealth’s plan to extinguish Amedisys as a competitor is the result of an intentional, sustained strategy of acquiring, rather than beating, competition.”

Department of Justice

DOJ Pushes Back

Late in 2024, the DOJ filed a lawsuit against the merger, claiming that both companies have acknowledged that their competition helps keep them honest and drive quality both in patient and employee care. The DOJ noted that the acquisition would be presumptively illegal in multiple markets. UHG, Amedisys, and Optum proposed selling off some of its care centers to address the concerns about competition. 

Merger Deadline Reached

Under the initial merger agreement, UHG would pay $3.3 billion to acquire Amedisys, which would remain as a subsidiary of UHG. That agreement was set to be finalized on December 27, 2024. There has been no decision made on the DOJ lawsuit, so the merger could not be completed. UHG and Amedisys have mutually agreed to extend the merger and added a break fee of $275 million.

Indefinite Merger Extension Through 2025

The new agreement has an indefinite ending. According to the wording, the merger agreement will now expire either on December 31, 2025 or 10 days after a final court decision in the lawsuit, whichever comes first.

According to the new filing with the SEC, UnitedHealth and Amedisys will be divesting assets to secure the merger and satisfy the DOJ. If not, they will incur a break fee of up to $325 million. Both companies have an agreement with VitalCaring Group to acquire the necessary assets.

UnitedHealth Group Amedisys Merger

What If?

If…The Trump administration is less stringent in antitrust matters, as expected.

The lawsuits currently at the U.S. District Court and five states will likely fail.

If…the U.S. District Court for the District of Maryland either decides to block the merger permanently or does not reach a final order by the end of the year…

The merger agreement will expire.

If…UnitedHealth Group, Optum, and/or Amedisys fails to divest holdings…

The merger agreement will not satisfy the antitrust regulations and the failing party will pay hundreds of millions in damages, and the merger agreement will end.

This is an ongoing story and we will continue to report on updates as they occur. See our accompanying BREAKING NEWS story.

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Kristin Rowan, Editor
Kristin Rowan, Editor

Kristin Rowan has been working at Healthcare at Home: The Rowan Report since 2008. She has a master’s degree in business administration and marketing and runs Girard Marketing Group, a multi-faceted boutique marketing firm specializing in event planning, sales, and marketing strategy. She has recently taken on the role of Editor of The Rowan Report and will add her voice to current Home Care topics as well as marketing tips for home care agencies. 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

HH Accessibility Report

FOR IMMEDIATE RELEASE

Contact:                  Lauren Corcoran

press@trellahealth.com

Trella Health Launches Special Report on Home Health Accessibility for Medicare Fee-for-Service (FFS) Beneficiaries

An analysis of the key trends shaping access to care for Medicare patients

ATLANTA, Dec. 16, 2024. Trella Health, the leading provider of market intelligence and integrated customer relationship management (CRM) solutions to the post-acute care industry, released its Special Edition Report on Home Health Accessibility Among Medicare Fee-for-Service (FFS) Beneficiaries.

Access to Services

This report investigates trends shaping home health accessibility, revealing how the expanding Medicare-eligible population – and other factors – continues to strain access to home health services.

Below are a few key insights from this special report:

Home Health Accessibility Report
    • 49.9% of counties had five or fewer home health agencies per 1,000 square miles in 2023.
    • 94.1% of counties experienced either a decrease or no change in the number of skilled home health agencies treating more than 10 FFS patients in the post-pandemic period.
    • 83.3% of counties experienced a decrease in the number of FFS home health admissions per 1,000 beneficiaries in the post-pandemic period.
    • 87.4% of counties experienced a decrease in the average number of home health visits in the post-pandemic period, and the number of home health visits per patient day decreased by 17.3% between 2017 and 2023.

Urgent Need for Change

“Our analysis of Medicare Fee-for-Service claims indicates a concerning trend: decreasing accessibility to skilled home health care at a time when we are experiencing the largest growth in the Medicare population,” stated Carter Bakkum, Senior Data Analyst at Trella Health. “This report underscores the urgent need for healthcare leaders to address these disparities and ensure that Medicare beneficiaries receive the care they need.”

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About Trella Health

Trella Health‘s unmatched market intelligence and purpose-built CRM allow post-acute providers, HME, and Infusion organizations to drive more effective performance and growth. Trella’s solutions allow post-acute, HME, and Infusion organizations to identify the highest-potential referral targets, evaluate new market opportunities, and monitor performance metrics. Paired with CRM and EHR integrations, business development teams can better manage referral relationships to advance their organizations with certainty by improving their sales and marketing strategy.

This press release was submitted by Trella Health and was reprinted by The Rowan Report with permission. For more information, or to request permission to use this content, please use the press contact above.