A Nebraska nonprofit representing providers of home health care services for people with disabilities has dropped its lawsuit against the Nebraska Department of Health and Human Services two months after filing it.
The Nebraska Association of Service Providers initially was seeking to block changes from going into effect requiring its members, among other things, to log their GPS location to be paid.
Following the filing, HHS delayed the proposed reporting changes until next year, citing the need to allow more time for implementation and to work with stakeholders to ensure a smooth transition, according to an HHS news release.
Last week, James Hamilton, NASP's attorney, filed a motion asking Lancaster County District Judge Lori Maret to dismiss the case, which she did.
Asked why, Hamilton told the Journal Star that NASP and its members chose to dismiss the case "in order to evaluate options that will provide more of a long-term resolution to the problems posed by the Department's changes," which now are scheduled to take effect Jan. 8.
"During this time, NASP and its members hope to continue working with DHHS to create a feasible solution for all parties," Hamilton said.
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In a bulletin in July, HHS said a recent audit had shown that providers weren't complying with state and federal regulations dating back to 2020 that require caregivers to establish they were with the client. The regulations were put in place in an effort to curb fraud.
HHS said once the change went into effect provider claims would not be paid if:
* Providers don't use GPS or an approved alternative method, such as a landline Interactive Voice Response, during a visit;
* A provider doesn't start or end an EVV visit at the scheduled location and within the allowed geo-fence radius;
* The signatures of the recipient of services or their legal representative are not recorded in the EVV application during the visit.
Administrators hosted two provider forums online about the changes, including one July 30 that drew more than 500 people, many of whom raised concerns over the GPS requirements, the end of manual entries and other issues.
In August, NASP said it supported efforts to bring agencies and family caregivers into compliance with current federal EVV (Electronic Visit Verification) requirements but felt the proposed changes were an over-correction.
In a news release, HHS said it has planned additional trainings and future stakeholder engagement, encouraging providers to comply with state and federal regulations, including those that will be enforced by the upcoming changes.