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On February 2, 2016, the Centers for Medicare and Medicaid Services (CMS) will issue a final rule codifying the homebound prohibition for Medicaid home health services, and clarifying the settings where homebound services may be provided. The final rule revisesMedicaid home health regulations (42 C.F.R. § 440.70(c)(1-2)) to make clear that a Medicaid beneficiary does not need to be “homebound” in order to receive home health services. In addition, CMS explains that home health services may be provided in any setting where normal life activities take place and are not limited to a hospital, nursing facility, or other institution.
Unfortunately, the final rule is limited to Medicaid’s homebound requirement and does not change the Medicare homebound requirement.
The Medicare refusal to change also affects people on spenddown.