Associations and providers representing home care and hospice in Texas, Indiana, North Carolina and South Carolina sued the Department of Health and Human Services and Secretary Xavier Becerra today to block the hospice Special Focus Program (SFP) from taking effect.
The plaintiffs charged HHS and Becerra with violating the Administrative Procedure Act for finalizing the SFP without addressing “serious and arbitrary” flaws stakeholders pointed out when the program was proposed. Among their concerns is the algorithm CMS is using to identify the list of the worst-performing hospices.
“Defendants’ publication of a list of ‘poor performing’ hospices is so arbitrary and flawed that it will make it harder for patients and families and families to find trustworthy providers,” plaintiffs said in the suit…