Hospice cap struck down in court — again
A second federal court ruled that the regulation for calculating the hospice cap amount is invalid. The court, sitting in Texas, agreed with the hospice who filed the lawsuit that the regulations, 42 CFR 418.309 conflicts with the statutory language defining the hospice cap amount. Although CMS may continue to use this rule, with two courts already ruling it invalid and several other challenges pending, it would appear the hospice cap regulation is on its last legs. Providers, should continue to expect it to be applied to them, but should raise the issue of its invalidity. Stay tuned, because CMS will most likely be forced to change this regulation. More details here.
