LTACHs and MA Plans – Understanding Why The Rules Are Different

LTACHs and MA Plans – Understanding Why The Rules Are Different

In a recent final rule, CMS-4201-F, the Centers for Medicare & Medicaid Services (CMS) went to great lengths to specify that Medicare Advantage (MA) plans must provide MA beneficiaries access to care at inpatient rehabilitation facilities (IRFs), skilled nursing facilities (SNFs), and by home care agencies (HHAs) if the criteria for traditional Medicare access are met. This requirement was codified in 42 § CFR 422.101(b)(2).

Much of this attention by CMS was created by the 2022 report from the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), which found that a significant percentage of denials of requests for IRF, SNF, and even home care by MA plans would have been permitted under traditional Medicare.

Notably absent from the list of providers for which MA plans must follow the same guidelines as traditional Medicare are long-term acute-care hospitals (LTACHs). A review of the database of denials appealed to the Qualified Independent Contractor (QIC) by the patient or an authorized representative found that from 2020 to the present, 18,266 appeals for denial of access to LTACHs were filed, and only 74, or 0.4 percent of appeals, were ruled in favor of the patient.

While CMS does not give an explanation for not including access to LTACHs in CMS-4201-F, it should be remembered that LTACHs are licensed as acute-care hospitals, differing from short-term acute-care hospitals in that they care for a patient population that consists of patients who have longer lengths of stay and complex medical needs. They provide the same basic services that “regular” acute-care hospitals perform, with medical units, surgical suites, intensive care units, and so on, but are paid differently.

The LTACH payment system from Medicare underwent a change in 2015, with the addition of a site-neutral policy, paying LTACHs at a lower rate, comparable to short-term acute-care hospitals for patients who had not spent at least three days in an intensive care unit or require at least 96 hours of mechanical ventilation. It was thought that this was to deter LTACHs from accepting patients who could be adequately cared for in a SNF, at lower cost to the Medicare Trust Fund.

A study in 2018, looking retrospectively at LTACH admissions in 2012, found that 41 percent of those admissions would have been subjected to a site-neutral adjustment. In 2022, a total of 28 percent of LTACH admissions were paid at the site-neutral rate. This decline reflects what many hospital case managers have anecdotally noted when LTACHs have refused to accept patients who do not meet the criteria for the LTACH payment rate.  

In some instances, patients are transferred to LTACHs for care that could be provided at an acute-care hospital, such as long-term IV medication administration. That transfer may be desired to create capacity for the acute-care facility, especially in the intensive care unit, where resources are often limited. But some have suggested that hospitals seek LTACH transfers because they get paid a fixed DRG for their admission, with perhaps some additional outlier reimbursement, and the shorter they can make the inpatient admission, the more money they make (or lessen their losses).

On the other hand, there are clearly cases for which LTACHs do provide specialized care that is not available at the acute-care facility, such as complex wound care, long-term ventilator weaning, or complex medical management, along with intensive rehabilitation care. In these cases, the transfer to the LTACH should be viewed as no different than a transfer to a tertiary or quaternary care facility, and the discussion with the MA plan should focus on those specialized services – and not on payment.

While the disagreements with MA plans over inpatient admission versus outpatient care with observation services is certain to change in 2024, the ability to transfer patients to LTACHs will remain an obstacle. Understanding the why and how may help guide providers in doing what is best.

Facebook
Twitter
LinkedIn

Ronald Hirsch, MD, FACP, ACPA-C, CHCQM, CHRI

Ronald Hirsch, MD, is vice president of the Regulations and Education Group at R1 Physician Advisory Services. Dr. Hirsch’s career in medicine includes many clinical leadership roles at healthcare organizations ranging from acute-care hospitals and home health agencies to long-term care facilities and group medical practices. In addition to serving as a medical director of case management and medical necessity reviewer throughout his career, Dr. Hirsch has delivered numerous peer lectures on case management best practices and is a published author on the topic. He is a member of the Advisory Board of the American College of Physician Advisors, and the National Association of Healthcare Revenue Integrity, a member of the American Case Management Association, and a Fellow of the American College of Physicians. Dr. Hirsch is a member of the RACmonitor editorial board and is regular panelist on Monitor Mondays. The opinions expressed are those of the author and do not necessarily reflect the views, policies, or opinions of R1 RCM, Inc. or R1 Physician Advisory Services (R1 PAS).

Related Stories

When Quality Rankings Are Misleading

When Quality Rankings Are Misleading

“Quality rankings” are often oxymoronic.  My local paper recently had a headline asking “Does your clinic measure up? Check Minnesota’s quality rankings.” The paper proceeded to report

Read More

Leave a Reply

Please log in to your account to comment on this article.

Featured Webcasts

2025 Coding Clinic Webcast Series

2024 ICD-10-CM/PCS Coding Clinic Update Webcast Series

Uncover critical guidance. HIM coding expert, Kay Piper, RHIA, CDIP, CCS, provides an interactive review on important information in each of the AHA’s 2025 ICD-10-CM/PCS Quarterly Coding Clinics in easy-to-access on-demand webcasts, available shortly after each official publication.

April 14, 2025

Trending News

Featured Webcasts

Audit-Proof Your Wound Care Procedures: Expert Insights on Compliance and Risk Mitigation

Audit-Proof Your Wound Care Procedures: Expert Insights on Compliance and Risk Mitigation

Providers face increasing Medicare audits when using skin substitute grafts, leaving many unprepared for claim denials and financial liabilities. Join veteran healthcare attorney Andrew B. Wachler, Esq., in this essential webcast and master the Medicare audit process, learn best practices for compliant billing and documentation, and mitigate fraud and abuse risks. With actionable insights and a live Q&A session, you’ll gain the tools to defend your practice and ensure compliance in this rapidly evolving landscape.

April 17, 2025
Utilization Review Essentials: What Every Professional Needs to Know About Medicare

Utilization Review Essentials: What Every Professional Needs to Know About Medicare

Dr. Ronald Hirsch dives into the basics of Medicare for clinicians to be successful as utilization review professionals. He’ll break down what Medicare does and doesn’t pay for, what services it provides and how hospitals get paid for providing those services – including both inpatient and outpatient. Learn how claims are prepared and how much patients must pay for their care. By attending our webcast, you will gain a new understanding of these issues and be better equipped to talk to patients, to their medical staff, and to their administrative team.

March 20, 2025

Rethinking Observation Metrics: Standardizing Data for Better Outcomes

Hospitals face growing challenges in measuring observation metrics due to inconsistencies in classification, payer policies, and benchmarking practices. Join Tiffany Ferguson, LMSW, CMAC, ACM, and Anuja Mohla, DO, FACP, MBA, ACPA-C, CHCQM-PHYADV as they provide critical insights into refining observation metrics. This webcast will address key issues affecting observation data integrity and offer strategies for improving consistency in reporting. You will learn how to define meaningful metrics, clarify commonly misinterpreted terms, and apply best practices for benchmarking, and gain actionable strategies to enhance observation data reliability, mitigate financial risk, and drive better decision-making.

February 25, 2025
Navigating the 2025 Medicare Physician Fee Schedule: Key Changes and Strategies for Success

Navigating the 2025 Medicare Physician Fee Schedule: Key Changes and Strategies for Success

The 2025 Medicare Physician Fee Schedule brings significant changes to payment rates, coverage, and coding for physician services, impacting practices nationwide. Join Stanley Nachimson, MS., as he provides a comprehensive guide to understanding these updates, offering actionable insights on new Medicare-covered services, revised coding rules, and payment policies effective January 1. Learn how to adapt your practices to maintain compliance, maximize reimbursement, and plan for revenue in 2025. Whether you’re a physician, coder, or financial staff member, this session equips you with the tools to navigate Medicare’s evolving requirements confidently and efficiently.

January 21, 2025

Trending News

Happy National Doctor’s Day! Learn how to get a complimentary webcast on ‘Inpatient Admission Order: Master the Who, When, and How Webcast‘ as a token of our heartfelt appreciation! Click here to learn more →

Happy National Doctor’s Day! Learn how to get a complimentary webcast on ‘Decoding Social Admissions’ as a token of our heartfelt appreciation! Click here to learn more →

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 2 with code CYBER24