• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Donate Now
  • Sign up for CMA’s weekly newsletter!

Center for Medicare Advocacy

Advancing Access to Medicare and Healthcare

  • Eligibility/Enrollment
  • Coverage/Appeals
    • Medicare Costs
    • Self Help Materials – Toolkits & More
  • Topics
    • Basic Introduction to Medicare
    • Medicare Costs
    • Home Health Care
    • Improvement Standard and Jimmo News
    • Nursing Home / Skilled Nursing Facility Care
    • Outpatient Observation Status
    • Part B
    • Part D / Prescription Drug Benefits
    • Medicare for People Under 65
    • Medicare “Reform”
    • All Other Topics
    • Resources
      • Infographics
  • Publications
    • CMA Alerts
    • Fact Sheets & Issue Briefs
    • Infographics
    • The Medicare Handbook
    • SNF Enforcement Newsletter
    • Elder Justice Newsletter
    • Medicare Facts & Fiction
    • Articles by Topic
  • Litigation
    • Litigation News
    • Cases
    • Litigation Archive
    • Amicus Curiae Activities
  • Newsroom
    • Press Releases
    • Editorials & Letters to the Editor
    • CMA Comments, Responses, and Letters
    • CMA in the News
  • About Us
    • National Voices of Medicare Summit
    • Mission Statement
    • CMA FAQs
    • CMA Annual Impact Report
    • Personnel & Boards
    • The Center for Medicare Advocacy Founder’s Circle
    • Connecticut Dually Eligible Appeals Project
    • Community Outreach and Education Project (COEP)
    • National Medicare Advocates Alliance
    • CMA Webinars
    • Products & Services
    • Testimonials
    • Career, Fellowship & Internship Opportunities
    • Contact Us
  • Support Our Work
    • Donate Now
    • Build a Legacy with CMA
    • Join the Center for Medicare Advocacy Founder’s Circle
    • Take Action
    • Share Your Health Care Story
    • Tell Congress to Protect Our Care
    • Listen to Medicare & Health Care Stories
    • Sign up for CMA’s weekly newsletter!

CMS Plans to Expand Program that Interferes with Patient Access to Medicare Covered Home Health Care

January 14, 2021

Print Friendly, PDF & Email

The Centers for Medicare and Medicaid Services (CMS) has announced plans to expand a Medicare home health program model that discriminates against people with longer term and chronic impairments whose conditions are not improving. It significantly limits access to home health care for beneficiaries who need it most, and directly conflicts with the Jimmo v. Sebeliussettlement.

The Home Health Value-Based Purchasing Model (HHVBP) was implemented in 2016 in nine states.[1] According to CMS’ January 8, 2021 press release, the purpose of the model was “to test whether providing payment incentives for better quality care with greater efficiency would improve the quality and delivery of home health care services to Medicare beneficiaries.” CMS recently concluded the model was successful, with a 4.6% improvement in agencies’ quality scores[2] and certified program expansion to be accomplished through future rule-making.

One major flaw of HHVBP is that it does not provide any meaningful measurement criteria for people who qualify for home health care under the law, but who have an illness or injury that will not improve, or will not improve relatively quickly. As a result, the HHVBP design penalizes agencies that serve people with longer term and chronic conditions, by taking payments back from agencies serving people who do not meet the improvement criteria.[3]

Under HHVBP, Medicare payments to home health agencies are adjusted based on a home health agency’s (HHA) total performance score (TPS) on specified quality measures compared to other HHAs in a state. The maximum payment adjustment, upward or downward, is 7% for 2021.[4]  The quality measures in the HHVBP are based primarily on improvement in a patient’s condition, and quality measures in the model are absent for conditions not likely to improve (or to improve quickly). Thus, agencies are monetarily discouraged under HHVBP from serving many patients with longer-term conditions who qualify for Medicare-covered care.

As CMS developed HHVBP, “maintenance or stabilization measures” were considered to allow for inclusion of beneficiaries who were not improving and were, therefore, deliberately excluded. Discussion of this exclusion is reflected in the final Medicare home health rule for 2019 and has not been addressed by CMS since that time:

Comment: Many commentators suggested that stabilization measures should be recognized in HHVBP as opposed to just focusing on improvement measures, given that stabilization is sometimes a more realistic goal than improvement for certain patients.

CMS Response: We previously discussed our analyses of existing measures relating to stabilization in the CY 2016 HH PPS final rule. Specifically, we stated that while we considered using some of the stabilization measures for the model…we have not identified any such measures that we believe would allow for meaningful comparison of HHA performance. Although we appreciate commenter’s concerns that some beneficiaries may have limited opportunity to improve and that stabilization may be a more realistic goal for such patients, based on these analyses, we do not believe these measures are appropriate for inclusion in the Model at this time.[5]

Since HHVBP was first proposed, the Center for Medicare Advocacy has continuously urged CMS to develop appropriate quality measures for all patients who qualify for Medicare-covered home health care. The quality measurement void for serving people with chronic conditions has not been addressed. Simply put, if a person cannot be measured in some way that is of value to the home health agency – to show improvement – that person will face barriers to home care because of potential penalties and sacrificed rewards. The lack of measures that properly relate to quality care to maintain an individual’s condition or slow decline creates a discriminatory practice against patients who medically and legally qualify for care.

The HHVBP model should not continue, let alone expand, until quality care for all patients is included in the measurements and policies are developed that provide fair access to care for all qualifying beneficiaries.

January 14, 2021 – K. Holt


[1] Arizona, Florida, Iowa, Maryland, Massachusetts, Nebraska, North Carolina, Tennessee, and Washington.

[2] CMS Takes Action to Improve Home Health Care for Seniors, Announces Intent to Expand Home Health Value-Based Purchasing Model | CMS

[3] FR-2017-07-28.pdf (thefederalregister.org), Table 43, page 35335.

[4] https://www.govinfo.gov/content/pkg/FR-2017-11-07/pdf/2017-23935.pdf, pages 56527-56547.

[5] https://www.govinfo.gov/content/pkg/FR-2017-11-07/pdf/2017-23935.pdf, page 56532.

Filed Under: Article Tagged With: Home Health, Weekly Alert

Primary Sidebar

Easy Access to Understanding Medicare

The Center for Medicare Advocacy produces a range of informative materials on Medicare-related topics.
Sign Up for CMA's Free Newsletter
Register for CMA's Free Webinars

  • Medicare Basics
  • Medicare Reform
  • CMA Alerts
  • Fact Sheets & Issue Briefs
  • CMA Webinars
  • Connecticut Info & Projects
  • Health Care Stories
  • Se habla Español

Jimmo v. Sebelius

Medicare covers skilled care to maintain or slow decline as well as to improve.

Improvement Isn’t Required. It’s the law!

Read more.

National Voices of Medicare Summit

With the many threats currently facing the Medicare program, now is the time to come together as allies and explore ways to advocate for comprehensive Medicare coverage, health equity, and quality health care. Drawing inspiration from real-life experiences and stories of beneficiaries and caregivers, we hope to share impactful discussions with you.

Learn more.

Center for Medicare Advocacy Follow 10,488 5,333

A national nonpartisan, nonprofit law organization working to advance access to comprehensive #Medicare coverage and quality #healthcare.

CMAorg
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
11 Dec 1999172773487194169

📣Federal cuts are expected to carve a $100M hole in the Alameda Health System’s budget

@CMAorg called H.R. 1 “the largest rollback of federal support for health care in American history”

📝@DarwinBondGraha
via @Oaklandside

Learn more⬇️

Image for twitter card

Federal cuts are expected to carve a $100M hole in the Alameda Health System’s budget 

Trump’s “Big Beautiful Bill” is forcing an unprecedented $1 trillion cut to Medicaid spending. At the East Bay...

oaklandside.org

Reply on Twitter 1999172773487194169 Retweet on Twitter 1999172773487194169 0 Like on Twitter 1999172773487194169 0 X 1999172773487194169
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
9 Dec 1998412815393267757

You may be paying more than you need to. Medicare Savings Programs can help pay your Medicare premiums & other costs. Many people qualify and don’t know it. These programs could save you thousands each year.
👇

Image for twitter card

Medicare Savings Programs

Get help from your state paying your Medicare Part A (Hospital Insurance) and Part B (Medical Insurance) premiums through a Medicare Savings Program.

www.medicare.gov

Reply on Twitter 1998412815393267757 Retweet on Twitter 1998412815393267757 0 Like on Twitter 1998412815393267757 0 X 1998412815393267757
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
8 Dec 1998087710842703960

We know this will lead to more unjustified denials. At CMA, we’re here to answer all of your questions, help you understand your rights - including your right to appeal - and guide you through the daunting appeals process.

Image for twitter card

Medicare’s new AI experiment sparks alarm among doctors, lawmakers • Stateline

A Medicare pilot program will allow private companies to use artificial intelligence to review older Americans’ requ...

stateline.org

Reply on Twitter 1998087710842703960 Retweet on Twitter 1998087710842703960 0 Like on Twitter 1998087710842703960 0 X 1998087710842703960
Retweet on Twitter Center for Medicare Advocacy Retweeted
BoomerBenefits avatar Boomer Benefits Medicare Expert @BoomerBenefits ·
5 Dec 1996731569063551450

Lots of retirees hit the road before winter comes to go to a warmer state. However, it's important to know how your Medicare coverage works when traveling between two states.

Boomer Benefits We Speak Medicare® | 817-249-8600

#Medicare #Retirement

Image for twitter card

What do Snowbirds do for Medicare Coverage? - Boomer Benefits

Each Medicare plan works differently when you're away from your permanent residence. Here's what you need to know ...

boomerbenefits.com

Reply on Twitter 1996731569063551450 Retweet on Twitter 1996731569063551450 1 Like on Twitter 1996731569063551450 1 X 1996731569063551450
Load More

Footer

Stay Connected:

  • Contact Us
  • Sitemap
  • Products & Services
  • Copyright/Privacy

© 2025 · Center for Medicare Advocacy