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The 2019 Aseracare Court of Appeals decision was lauded by hospices as appropriate push-back to overly aggressive whistleblowers and government enforcers. Its central holding, that two physicians can reasonably disagree about a patient’s six-month prognosis and neither one be wrong, made it more difficult for hospices to be held liable for their physicians’ good faith exercise of clinical judgment. Two subsequent court decisions, however, threaten to roll-back the Aseracare holding and reintroduce uncertainty and increased risk for hospices. In this episode, Meg Pekarske and Bryan Nowicki discuss these cases, their implications and the ongoing advocacy efforts in this area of law.
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