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Zaina Niles

Zaina Niles

Associate at Husch Blackwell LLP, focused on healthcare regulatory and compliance counseling for the hospice and palliative care industry.

Aug 5, 2026

18:09
Is, is that, how prevalent is that as a reason not to allow a limitation of liability for a particular hospice?
18:17
hospice?Some of the underlying decisions that we get from these CMS contractors usually include a sentence or two that just wholesale dismisses the application of Section 1879, the limitation of liability section.
18:34
And they do typically only give the rationale that the provider had notice because these guidelines are published.
18:43
And so since I very first joined the team back in 2020, we have always argued in our appeal documents up through the ALJ phase that it would be impossible to determine based on these generic guidelines and, and rules and regulations, including the LCDs, whether each individual patient with unique clinical sta- uh, clinical circumstances would not have their care covered and paid by Medicare.
19:14
Um, so that's a routine argument that we raise, and up to this point, it really didn't have any teeth.
19:22
Uh, it was just dismissed.
19:24
And now the favorable decisions that we've gotten in federal district courts and also at the Sixth Circuit, like Joe just discussed, uh, really take the wind out of the contractors' sails because they say that it's not enough to just give a, a blanket statement that the provider had constructive notice.
23:28
And, and what, uh, what else, what else about that case? Was there any other aspect of that case that was noteworthy?

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