The Top Legal, Regulatory Issues Home-Based Care Providers Are Facing In 2023

Home Health Care News | By Joyce Famakinwa
 
There are a number of key issues that home-based care providers looking to navigate legal and regulatory hurdles need to keep their eye on – some old, and some new. 
 
In some areas, it will be important for providers to increase their advocacy efforts, like when it comes to a potential ban on non-competes, Angelo Spinola, the chair of home care, home health and hospice at the law firm Polsinelli, told Home Health Care News.
 
“When the industry has pulled together, worked together, and spoken in a singular voice, that has been a very effective strategy,” he said.
 
A potential ban on non-competes is just one of the many issues providers need to prepare for. HHCN recently caught up with Spinola and Katy Barnett – director of home care and hospice operations and policy at LeadingAge – to get a complete overview nearly halfway into the year.
 
Increased government investigations into the home-based care industry
 
During the height of the COVID-19 pandemic, many home-based care providers relied on the financial lifeline of government relief programs.
 
Moving forward, home-based care providers should expect to receive more attention from government watchdogs, as those relief programs — such as the Paycheck Protection Program (PPP), the Economic Injury Disaster Loan (EIDL) and employee retention tax credit programs — receive more scrutiny, according to Spinola.
 
“There’s been a lot of investigation around qualifications to participate in those programs, the use of funds from those programs, and I think we can expect to see that trend continue,” he said.
 
An increase in investigations means that providers will need to be more proactive.
 
“Understand what the requirements are, and take proactive steps to be in compliance with those requirements before the government investigation,” Spinola said.
 
Specifically, it will be imperative for providers to perform self-audits and be able to trace how they’ve spent these funds.
 
Aside from providers’ use of the aforementioned program funds, there is also more investigation activity around anti-kickback issues and referral relationships.

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