The Office
of Inspector General issued a letter to CMS concerning States that improperly
restrict eligibility for Medicaid Mandatory Home Health Services. In July of 2000, CMS released a State Medical
Director letter summarizing it efforts to review Federal policies to ensure
fulfillment of the Americans with Disabilities Act. The letter stated that, although Medicare
requires beneficiaries to be homebound to qualify for home health services,
imposing a homebound requirement on Medicaid home health benefits violates
Medicaid regulations related to “amount, duration, and scope of services. In July of 2011, CMS published a Notice of
Proposed Rulemaking that would review Medicaid regulations to clarify that home
health services cannot be restricted to individuals who are homebound or to
services furnish in the home. This rule
has not been published in final form as of this date. The eleven states that
the OIG listed as violating parts of this requirement are Alabama, Arkansas,
Indiana, Montana, Nebraska, New Mexico, North Dakota, Pennsylvania, South
Dakota, Utah, and West Virginia.
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