
Zaina Niles
Associate at Husch Blackwell LLP, focused on healthcare regulatory and compliance counseling for the hospice and palliative care industry.
1
APPEARANCES
1
PODCASTS
012
DEC 30
JAN 6
JAN 13
JAN 20
JAN 27
FEB 3
FEB 10
FEB 17
FEB 24
MAR 3
MAR 10
MAR 17
MAR 24
MAR 31
APR 7
APR 14
APR 21
APR 28
MAY 5
MAY 12
MAY 19
MAY 26
JUN 2
JUN 9
JUN 16
JUN 23
JUN 30
JUL 7
JUL 14
JUL 21
JUL 28
AUG 4
AUG 11
AUG 18
AUG 25
SEP 1
SEP 8
SEP 15
SEP 22
SEP 29
OCT 6
OCT 13
OCT 20
OCT 27
NOV 3
NOV 10
NOV 17
NOV 24
DEC 1
DEC 8
DEC 15
DEC 22
DEC 29
JAN 5
JAN 12
JAN 19
JAN 26
FEB 2
FEB 9
FEB 16
FEB 23
MAR 2
MAR 9
MAR 16
MAR 23
MAR 30
APR 6
APR 13
APR 20
APR 27
MAY 4
MAY 11
MAY 18
MAY 25
JUN 1
JUN 8
JUN 15
JUN 22
JUN 29
JUL 6
JUL 13
JUL 20
JUL 27
AUG 3
AUG 10
AUG 17
AUG 24
AUG 31
SEP 7
SEP 14
SEP 21
SEP 28
OCT 5
Aug 5, 2026
Courtside Seats: Federal Courts Call Foul on Administrative Law Judges
18:09
18:17
18:34
18:43
19:14
19:24
23:28

Bryan NowickiHOST
Is, is that, how prevalent is that as a reason not to allow a limitation of liability for a particular hospice?

Zaina NilesGUEST
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.

Zaina NilesGUEST
And they do typically only give the rationale that the provider had notice because these guidelines are published.

Zaina NilesGUEST
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.

Zaina NilesGUEST
Um, so that's a routine argument that we raise, and up to this point, it really didn't have any teeth.

Zaina NilesGUEST
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.

Bryan NowickiHOST
And, and what, uh, what else, what else about that case? Was there any other aspect of that case that was noteworthy?