Though the U.S. Centers for Medicare and Medicaid Services (CMS) has regulatory authority over hospices, Congress has a role to play. To fulfill that role, they should listen to the concerns of hospice providers, according to Rep. Jimmy Panetta (D-Calif.).
Panetta first took office in 2017 and currently serves on the Ways and Means Committee, which is among the most important congressional bodies for hospices to watch. The congress member has championed a number of bills designed to improve hospice program integrity.
“I understand the value of hospice care, and the threat to everyone’s benefits when bad actors steal Medicare benefits. I’ve advocated for smart oversight, transparency and enforcement to root out fraudsters,” Panetta told Hospice News. “This is not an idle threat. Not only does fraud hurt patients and undermine trust in hospice and palliative care, but it also draws new oversight and scrutiny. The federal government has a responsibility to get that process right by rooting out fraudsters without targeting the hardworking providers offering this critical service.”
Panetta in 2020 sponsored the Helping Our Senior Population in Comfort Environments (HOSPICE) Act, designed to bolster regulatory enforcement in response to two July 2019 reports from the U.S. Department of Health and Human Services Office of Inspector General (OIG). Rep. Tom Reed (D-N.Y.) co-sponsored the legislation.
Components of the HOSPICE bill were enacted through the Consolidated Appropriations Act of 2021.
He also co-sponsored a bipartisan bill with Rep. Beth Van Duyne (R-Texas) called the Enhancing Hospice Oversight and Transparency Act. If enacted, the bill would reform the Hospice Special Focus Program (SFP), which is currently on hold by CMS. It also would increase the penalty for hospices that do not report quality measure data to 10% by 2027, up from 4% currently.
“We need to do a better job of preventing bad actors in this industry from slipping through the cracks, while ensuring hospice providers who deliver dedicated, compassionate care aren’t penalized,” Panetta said. “That’s why Rep. Van Duyne and I came together again, in a bipartisan way, to introduce the Enhancing Hospice Oversight and Transparency Act, to double down on penalties for those who fail to uphold quality care standards and evade the law.”
This bill would delay implementation of the program until CMS can implement SFP as Congress intended and increase transparency around the program by requiring the agency to give a report to hospices 60 days before they receive a public designation.
However, lawmakers must engage with and listen to constituents when making legislative decisions, according to Panetta. The congress member regularly meets with hospices in California’s 19th congressional district and shares feedback with CMS, he said.
“It is incumbent on Congress to listen to stakeholders and constituents to ensure these policies are having their intended effects and truly serving those we represent …” Panetta said. “Providers know best what their patients need, and by listening to providers in our communities and ensuring their voices are heard in Washington, we can ensure the hospice program is as successful as possible.”
