Fighting Back: How HHAs Can Challenge Federal Survey Deficiencies

April 13, 2016

Over the last three years, the federal government's authority to impose sanctions on home health agencies has greatly expanded. Whereas in the past, home health agencies implemented plans of correction in response to deficiencies identified during federal surveys, they are now also facing civil monetary penalties, suspension of payment for new admissions, loss of home health aide training and other sanctions. The Connecticut Department of Public Health has recently been particularly aggressive in identifying CMS condition level deficiencies and, as a result, many Connecticut home health agencies have been burdened with these sanctions. In this webinar, Wiggin and Dana attorneys, Maureen Weaver and Jody Erdfarb, will explain the rules regarding how these federal sanctions work and how home health agencies can fight back through the informal dispute resolution and appeal processes. In this new and punitive climate, it is essential for home health agencies to understand their rights and the avenues available to defend themselves.


  • Provide an overview of the revised CMS home health agency survey and enforcement regulations, including an explanation of civil monetary penalties and the prohibition on home health aide training.
  • Describe the informal dispute resolution process with the Connecticut Department of Public Health, the administrative appeal process with an Administrative Law Judge and Departmental Appeals Board, and the judicial review process in court.
  • Discuss the considerations and cost-benefit analysis involved in deciding whether to challenge deficiencies.
  • Offer tips on what you can do during your survey to give you the best chance at success in challenging any deficiencies.

For further information and to register, please click here and go to calendar page of website.

Registration deadline April 6, 2016. A $30 late fee will be charged per person for each registration received after the deadline