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Document ID: CMS-2010-0213-0005
Document Type: Public Submission
Agency: Centers For Medicare & Medicaid Services
Received Date: July 23 2010, at 12:00 AM Eastern Daylight Time
Date Posted: August 5 2010, at 12:00 AM Eastern Standard Time
Comment Start Date: July 23 2010, at 12:00 AM Eastern Standard Time
Comment Due Date: September 14 2010, at 11:59 PM Eastern Standard Time
Tracking Number: 80b1fa74
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This is comment on Proposed Rule

Medicare Program: Home Health Prospective Payment System Rate Update (CY 2011); Changes in Certification Requirements for Home Health Agencies and Hospices

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Regarding 424.550 (proposed exemptions) "The death of an owner who owns 49 percent or less interest in an HHA (where several individuals and/or organizations are co-owners of an HHA and one of the owners dies)." I'm seeking clarification on the definition of the term “several individuals." This is especially important in estate planning for HHA owners. For example, if a corporation owned by three people establishes an agency under a 49%, 49%, 1% stock ownership scenario; will the HHA be hedged from loss of billing privileges if one person dies? Do 3 owners constitute “several individuals”? If the owner of the 1% share is a trust or another corporation, will that entity constitute an “individual”?