Veterans’ Hospice Care: When Medicare Keeps Paying After a VA Admission

Whistleblower Justice Network

Medicare hospice payments after VA admission depend on the facility, with the Centers for Medicare & Medicaid Services requiring revocation when a veteran eligible for both programs moves from home hospice into a VA owned and operated inpatient facility. If you work in hospice billing or care coordination, the admission date, the services claimed and the decision to keep billing are the pieces that matter. You may know exactly when the hospice learned the patient had moved.

Can Medicare Hospice and VA Care Run at the Same Time?

Yes. A veteran eligible for both programs can receive Medicare hospice at home alongside VA services outside the hospice plan of care. Medicare’s hospice coverage manual gives VA home-based primary care for illnesses other than the terminal illness as an example. Services included in the hospice plan of care must be provided and paid under Medicare.

The hospice election routes Medicare payment for care related to the terminal illness through the hospice, with an exception for an independent attending physician. Medicare continues to cover care for unrelated conditions outside hospice.

That division puts the plan of care at the center of the payment question. The agency requires an individualized plan before hospice care begins, with services consistent with that plan and updates as the team learns more about the patient’s needs. A care coordinator who knows what each team actually provided can connect that plan to the services appearing on the bills.

Medicare’s daily hospice payment is intended to cover the costs in the patient’s care plan. Shifting those costs to another bill is the concern behind hospice unbundling. In the VA home-care arrangement, the useful comparison is between the care assigned to the hospice and the separate services furnished under VA benefits.

What Changes at a VA Owned and Operated Inpatient Facility?

Admission to a VA owned and operated inpatient facility triggers the manual’s revocation requirement for a dually eligible veteran who had been receiving Medicare hospice at home. The manual explains why: Medicare cannot pay for services furnished by another federal provider or agency. The admission changes the payment question even if the hospice’s billing system still shows an active election.

The Centers for Medicare & Medicaid Services separately permits dually eligible veterans to receive Medicare hospice while living in community nursing homes and state homes. The actual facility category therefore belongs beside the admission date when we examine a continuing claim. Calling every setting a veterans’ facility obscures the distinction the payment rule depends on.

The manual’s nursing-facility provisions also separate hospice management from residential care. They describe a written agreement under which the hospice takes responsibility for managing hospice care and the facility provides room and board. Read together, the agreement and the care plan show who was responsible for hospice care and who provided room and board.

What Should a Hospice Billing Employee Compare?

The useful chronology connects the facility’s status and admission date to the hospice election, any revocation, the service dates claimed and the payments received. We examine those records together when assessing hospice billing fraud.

Care-coordination records add what the hospice knew. An admission notification, a revised plan of care or an internal billing instruction can connect the move to the people handling the account. If you raised the admission with management and were told to keep billing, that conversation belongs beside the claims for the days in question.

What Is the Difference Between Hospice Discharge and Revocation?

Revocation ends the patient’s hospice election through a signed statement from the patient or representative. Discharge is the hospice’s action under the circumstances the manual permits, and the hospice cannot revoke the patient’s election itself. The hospice reports a discharge to Medicare so that hospice billing ends as of that date. If the account has no signed revocation, we examine how the hospice recorded the move and why it kept claiming Medicare payment.

The revocation states when the election ends, and that date cannot be earlier than the revocation itself. The manual calls for prompt recording in Medicare’s claims system because the patient’s other Medicare coverage resumes. We compare those dates with the days the hospice kept billing.

A transfer to another hospice continues the election. If the account treats the VA admission as a hospice transfer, the transfer and readmission records help us compare that label with where the patient actually went and which days Medicare paid for.

Why the Enrolled Day Matters to the Payment Question

Medicare pays hospice for each enrolled day, including days when no services are provided. The Medicare Payment Advisory Commission’s payment-system explanation describes that structure and the concentration of services at the beginning and end of a stay. A continuing enrollment can therefore keep generating payments without a matching series of visits. That is why a biller can see a money problem that a visit log alone would miss.

The HHS Office of Inspector General’s 2015 report on hospice in assisted living found longer stays and higher payments than in other settings. Its explanation of the daily-payment incentive is unusually direct:

Therefore, a hospice stands to gain financially if it provides minimal services to a beneficiary over a long period of time.

Medicare Hospices Have Financial Incentives to Provide Care in Assisted Living Facilities, HHS Office of Inspector General, 2015

For a hospice biller reviewing a VA admission, the concrete question is which days Medicare paid for after the patient’s move and what the hospice knew about it. We follow the enrollment, the care responsibility and the payment together. A patient can move while the revenue keeps arriving.

When the Claim and the Admission Date Do Not Match

A hospice fraud case connects a claim the provider knew Medicare should not pay to the decisions behind it. Here, that means the actual facility, the admission, the election records, the services billed and the hospice’s knowledge. A healthcare employee who saw the admission notice reach management may be able to explain why billing continued after the care arrangement changed.

A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers. We work with insiders to connect their knowledge of the account to the payment records and the people who made the billing decision.

You Know Which Payer Was Supposed to Pay

If you handle hospice claims or coordinate veterans’ health care and know why Medicare kept paying after an admission, tell our whistleblower experts what happened to that account. We build the case with you around the admission, the care plan and the decision to keep billing, and bring in hospice fraud whistleblower lawyers who understand Medicare payment disputes. You have partners who will stay beside you from that first conversation through the case.

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