Reps. Van Duyne and Panetta Introduce Bipartisan Legislation to Enhance Hospice Oversight and Transparency

Washington, D.C. - Last week, Congresswoman Beth Van Duyne (R-TX-24) and Congressman Jimmy Panetta (D-CA-19), members of the House Committee on Ways and Means, introduced the Enhancing Hospice Oversight and Transparency Act to restore integrity in the hospice benefit. The bill will increase transparency of data and selection processes, reduce payment for non-compliance, and boost public awareness of data reporting failures.

"When it comes to end-of-life care, you only have one chance to get it right," said Rep. Van Duyne. "I'm grateful for Congressman Panetta's partnership as we work to address the rampant fraud and abuse in the hospice benefit that breaches trust between patients, families, and the medical community. In addition to jeopardizing access to care, fraudsters have stolen millions of taxpayer dollars which is why we're working to provide accountability, restore integrity to the hospice benefit, and ensure access to compassionate, high-quality care."

"While we've made important progress on hospice accountability, more must be done to prevent bad actors in this industry from slipping through the cracks," said Rep. Panetta. "I'm proud to work with Rep. Van Duyne on this bipartisan legislation that would strengthen penalties for those who fail to uphold quality care standards and evade the law, while at the same time support reputable hospice providers who deliver dedicated, compassionate care. This action builds off our HOSPICE Act and is important for the oversight and integrity of our hospice care system."

"The soon-to-launch hospice special focus program (SFP), while well-intentioned, is in its current design, flawed," said Katie Smith Sloan, president and CEO, LeadingAge, the association of nonprofit and mission-driven providers of aging services, including hospice. "We thank Representatives Van Duyne and Panetta for their responsiveness to this issue in particular and for their leadership and advocacy around hospice program integrity more broadly. The Enhancing Hospice Oversight and Transparency Act would ensure transparency to those hospices chosen for the SFP, require completed surveys prior to the SFP's launch, and delay the launch of the SFP program, all of which are important elements to ensuring the SFP is implemented as intended. That delay is important; we intend to use that time to continue to urge the Centers for Medicare and Medicaid Services and if needed, Congress, to make necessary and additional revisions to ensure the program functions as intended."

"We greatly appreciate the attention and thoughtfulness devoted to enhancing the integrity of the Hospice benefit, which is a priority for our Association. We fully support and endorse this legislation, as it strengthens the quality and trust essential to providing compassionate care to our community," said the Texas Association for Home Care and Hospice.

"Conceptually, the creation of the hospice special focus program (SFP) is a positive step meant to improve oversight of poor performing hospice providers and guarantee action is taken to address deficiencies in care delivery," said Tom Koutsoumpas, CEO and founder of the National Partnership for Healthcare and Hospice Innovation (NPHI). "However, we continue to have serious concerns about the algorithm CMS has finalized to identify the providers who will be eligible for inclusion in the SFP. Despite having repeatedly communicated those concerns to CMS, we are disappointed by their decision to move forward without modification. As such, we believe a temporary two-year delay to allow CMS, Congress, and providers more time to address concerns with the program is warranted. We thank Congresswoman Van Duyne for her leadership on this issue and look forward to working with all relevant stakeholders to ensure the hospice SFP is implemented appropriately."

"Ensuring the highest quality of care for hospice patients is essential. Medicare beneficiaries and their families deserve clear, accurate information to make informed choices," said Dr. Steve Landers, CEO for the Alliance. "The Alliance supports the Enhancing Hospice Oversight and Transparency Act, a bipartisan initiative to pause the flawed SFP program and enable necessary redesign through collaboration among CMS, Congress, and key stakeholders. Together, we can build an oversight system that ensures quality care, guides families toward high-performing hospices, and holds accountable any providers unwilling or unable to meet these standards."

Click HERE to read the full bill text.

Background:

• In February 2023, a bipartisan group of lawmakers led by Rep. Van Duyne and Rep. Blumenauer sent a letter to the Center for Medicare & Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure expressing their concern about fraud and abuse within the hospice benefit and requesting a briefing on CMS's hospice-related oversight activities as well as any gaps in oversight tools.
• In March 2023 at a Ways and Means Committee hearing, Rep. Van Duyne questioned the Secretary for Health and Human Services (HHS), Mr. Becerra, on his agency's failure to conduct proper oversight of the hospice benefit.
• In June 2023, Rep. Van Duyne and a bipartisan group of lawmakers sent a letter to HHS Inspector General Christi Grimm about newly certified hospices that engaged in unlawful, unethical practices, resulting in alarming reports of fraud & abuse that threatened both patient safety and fiscal responsibility.
• In March 2024, Rep. Van Duyne questioned HHS Secretary Becerra again on his failure to address fraudulent hospice schemes that defrauded taxpayers out of millions of dollars.
• In May 2024, Rep. Van Duyne and Rep. Blumenauer led a bipartisan group of 38 lawmakers demanding answers from CMS on the implementation of recent reforms aimed at combating hospice fraud and abuse.
• In June 2024, Rep. Van Duyne was recognized with the Hospice Action Network Angel Award from the National Hospice and Palliative Care Organization for her work to combat fraud and abuse in our hospice programs.

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