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Home Health, Respite Care, Medicaid and Medicare (c) No World Borders

Home Health Care Attendant Care Respite Care

Home health, attendant care, and respite care are related services, but their coverage, eligibility requirements, payment systems, and billing codes differ significantly across Medicare, Medicaid, and state programs. This article provides an overview of those distinctions, with particular attention to Texas Medicaid programs and medical billing expert compliance standards.

Medicare Home Health Coverage

Historical Development of the Prospective Payment System

The Balanced Budget Act of 1997, as subsequently amended, established a prospective payment system for Medicare home health services. Medicare home health coverage is subject to statutory, clinical, and administrative requirements. Among other criteria, a patient generally must:

  • Be certified as homebound by an authorized practitioner;
  • Need intermittent skilled nursing care, physical therapy, speech-language pathology services, or continued occupational therapy; and
  • Receive services under an established plan of care from a Medicare-certified home health agency.

Coverage and payment rules depend on the beneficiary’s circumstances and the applicable Medicare benefit. Readers should consult current Medicare guidance rather than relying on historical visit-limit descriptions.

From HHRGs to PDGM

Historically, Medicare home health episodes were classified using Home Health Resource Groups (HHRGs). Beginning in 2020, Medicare adopted the Patient-Driven Groupings Model (PDGM) for home health payment. To learn more about how PDGM restructures 30-day payment periods, view our detailed guide on Home Health Patient-Driven Groupings (PDGM)[2].

Attendant Care and Respite Care

Attendant care generally helps an individual perform activities of daily living (ADLs) and instrumental activities of daily living (IADLs). Respite care provides temporary substitute care, allowing a primary family caregiver a temporary break. Coverage depends on the program, plan, medical-necessity criteria, functional limitations, and an individualized service plan.

Habilitative services are among the essential health benefits identified under the Affordable Care Act (ACA). States retain significant authority over how habilitative benefits are defined and administered. Coverage for services such as applied behavior analysis (ABA) may also depend on state mandates, health plan type, and terms of the applicable benefit policy.

State Medicaid Programs

Medicaid is jointly funded by the federal government and individual states, but each state administers its own program within broad federal guidelines. As a result, covered home health, personal-care, attendant-care, habilitation, and respite-care benefits vary widely by state and eligibility group[3].

Depending on the state, home and community-based services may be delivered through:

  • Institutional or nursing-facility Medicaid programs;
  • Home and Community-Based Services (HCBS) waivers;
  • State-plan personal-care or attendant-care options; or
  • Medicaid Managed Care Organizations (MCOs).

Texas Home and Community-Based Programs

Texas offers several specialized service models for eligible individuals who need assistance with daily living activities. Program availability, enrollment pathways, and eligibility standards are managed by state administrative agencies; consult the Texas Health and Human Services Commission (HHSC)[4] for current operational policies.

STAR+PLUS

Texas Senate Bill 7 directed the state to implement cost-effective options for attendant and habilitation services for individuals enrolled in STAR+PLUS. STAR+PLUS serves qualifying persons with disabilities and adults aged 65 or older, supporting care in home and community-based settings to avoid institutionalization.

Community First Choice (CFC)

Community First Choice (CFC) allows states to provide qualifying home and community-based attendant services and supports under the Medicaid State Plan. Eligibility generally requires Medicaid eligibility, an assessed need for ADL assistance, and satisfaction of institutional level-of-care criteria.

Covered assistance under CFC typically includes:

  • Hands-on assistance with activities of daily living (ADLs) and instrumental activities of daily living (IADLs);
  • Household tasks necessary to maintain a clean, sanitary, and safe living environment;
  • Escort assistance to ensure access to community services and medical appointments; and
  • Certain health-related tasks delegated under state nursing regulations.

Primary Home Care (PHC) & Community Attendant Services (CAS)

Primary Home Care (PHC) and Community Attendant Services (CAS) provide nontechnical, medically related personal care services for qualifying individuals whose chronic health conditions limit functional independence. Financial and clinical eligibility parameters are re-evaluated annually by state administrators.

Medical Coding and Billing

In legal disputes and compliance audits, understanding how services are coded and billed relative to Usual, Customary, and Reasonable (UCR) charges is essential.

Attendant-Care and Respite-Care HCPCS Codes

Attendant-care and respite-care services are commonly reported using Healthcare Common Procedure Coding System (HCPCS) Level II national codes, such as:

S9125 – Respite care, in the home, per diem
S5125 – Attendant care services, per 15 minutes

Code descriptors, billing rules, state-specific modifiers, unit increments, prior authorization requirements, and fee schedules vary across Medicaid fee-for-service and managed care payers. Always verify the active code set and payer-specific manual prior to claim submission.


References

  1. Centers for Medicare & Medicaid Services (CMS). Home Health Prospective Payment System (HH PPS) Overview and Policy Updates. U.S. Department of Health and Human Services. cms.gov/medicare/payment/hh-pps ↩
  2. Arrigo, M. F. (2019). Home Health Patient Driven Groupings (PDGM) Analysis and Case-Mix Groupings. No World Borders. noworldborders.com/2019/12/29/home-health-patient-driven-groupings/ ↩
  3. Medicaid.gov. Home & Community-Based Services (HCBS) Program Authorities and Community First Choice. Centers for Medicare & Medicaid Services. medicaid.gov/medicaid/hcbs ↩
  4. Texas Health and Human Services Commission (HHSC). Medicaid and CHIP Home and Community-Based Services Handbook & Guidelines. State of Texas. hhs.texas.gov/services/health/medicaid-chip ↩

Michael F. Arrigo

Michael Arrigo, an expert witness, and healthcare executive, brings four decades of experience in the software, financial services, and healthcare industries. In 2000, Mr. Arrigo founded No World Borders, a healthcare data, regulations, and economics firm with clients in the pharmaceutical, medical device, hospital, surgical center, physician group, diagnostic imaging, genetic testing, health I.T., and health insurance markets. His expertise spans the federal health programs Medicare and Medicaid and private insurance. He advises Medicare Advantage Organizations that provide health insurance under Part C of the Medicare Act. Mr. Arrigo serves as an expert witness regarding medical coding and billing, fraud damages, and electronic health record software for the U.S. Department of Justice. He has valued well over $1 billion in medical billings in personal injury liens, malpractice, and insurance fraud cases. The U.S. Court of Appeals considered Mr. Arrigo's opinion regarding loss amounts, vacating, and remanding sentencing in a fraud case. Mr. Arrigo provides expertise in the Medicare Secondary Payer Act, Medicare LCDs, anti-trust litigation, medical intellectual property and trade secrets, HIPAA privacy, health care electronic claim data Standards, physician compensation, Anti-Kickback Statute, Stark law, the Affordable Care Act, False Claims Act, and the ARRA HITECH Act. Arrigo advises investors on merger and acquisition (M&A) diligence in the healthcare industry on transactions cumulatively valued at over $1 billion. Mr. Arrigo spent over ten years in Silicon Valley software firms in roles from Product Manager to CEO. He was product manager for a leading-edge database technology joint venture that became commercialized as Microsoft SQL Server, Vice President of Marketing for a software company when it grew from under $2 million in revenue to a $50 million acquisition by a company now merged into Cincom Systems, hired by private equity investors to serve as Vice President of Marketing for a secure email software company until its acquisition and multi $million investor exit by a company now merged into Axway Software S.A. (Euronext: AXW.PA), and CEO of one of the first cloud-based billing software companies, licensing its technology to Citrix Systems (NASDAQ: CTXS). Later, before entering the healthcare industry, he joined Fortune 500 company Fidelity National Financial (NYSE: FNF) as a Vice President, overseeing eCommerce solutions for the mortgage banking industry. While serving as a Vice President at Fortune 500 company First American Financial (NYSE: FAF), he oversaw eCommerce and regulatory compliance technology initiatives for the top ten mortgage banks and led the Sarbanes Oxley Act Section 302 internal controls I.T. audit for the company, supporting Section 404 of the Sarbanes Oxley Act. Mr. Arrigo earned his Bachelor of Science in Business Administration from the University of Southern California. Before that, he studied computer science, statistics, and economics at the University of California, Irvine. His post-graduate studies include biomedical ethics at Harvard Medical School, biomedical informatics at Stanford Medical School, blockchain and crypto-economics at the Massachusetts Institute of Technology, and training as a Certified Professional Medical Auditor (CPMA). Mr. Arrigo is qualified to serve as a director due to his experience in healthcare data, regulations, and economics, his leadership roles in software and financial services public companies, and his healthcare M&A diligence and public company regulatory experience. Mr. Arrigo is quoted in The Wall Street Journal, Fortune Magazine, Kaiser Health News, Consumer Affairs, National Public Radio (NPR), NBC News Houston, USA Today / Milwaukee Journal Sentinel, Medical Economics, Capitol ForumThe Daily Beast, the Lund Report, Inside Higher Ed, New England Psychologist, and other press and media outlets. He authored a peer-reviewed article regarding clinical documentation quality to support accurate medical coding, billing, and good patient care, published by Healthcare Financial Management Association (HFMA) and published in Healthcare I.T. News. Mr. Arrigo serves as a member of the board of directors of a publicly traded company in the healthcare and data analytics industry, where his duties include: member, audit committee; chair, compensation committee; member, special committee.

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