Michael T. Caracci and Cindy W. Caracci, et al. - Page 7




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          either disabled or aged 65 or older.  It is administered by the             
          Healthcare Financing Administration (HCFA), a division of the               
          U.S. Department of Health and Human Services, with whom private             
          insurance companies in different regions of the country have                
          contracted to serve as fiscal intermediaries.                               
               In 1995, Medicare reimbursed home health care providers at             
          an amount that equaled the lesser of the actual reasonable cost             
          or customary charges, up to the maximum “cost cap”; i.e., the               
          aggregate per-visit costs limitation under the law applicable to            
          Medicare.  During 1995, Medicare paid home health care agencies             
          for the necessary services they provided to covered beneficiaries           
          on a retrospective cost system under which Medicare sent a                  
          “periodic interim payment” (PIP) every 2 weeks to home health               
          care agencies to cover claims activity.  The Sta-Home tax-exempt            
          entities used the PIP payments to fund their payroll, which was             
          paid biweekly.  Home health care agencies also submitted                    
          quarterly reports and filed annual cost reports with the fiscal             
          intermediary.  If PIP payments differed from the payments                   
          allowable as ascertained from the cost report, the fiscal                   
          intermediary made the appropriate adjustment by reimbursing the             
          home health care agency for an underpayment or requiring the                
          agency to remit an overpayment.  The Aetna Insurance Co., which             
          was the fiscal intermediary for the Sta-Home tax-exempt entities,           








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