Home health benefits of federally qualified HMOs likely to increase

There are differing opinions as to whether the Program Memorandum simply expresses HCFA's interpretation of existing law or whether the Program Memorandum adds new requirements for federally qualified HMOs. If the Program Memorandum is "additive," then the procedures by which it was issued may be subject to legal challenge for failure to comply with the federal Administrative Procedure Act applicable to formal rulemaking.