WHITE HOUSE:

With the election (finally!) here, the White House spent the final weeks leading up to the election on efforts they’re making on behalf of union members, an investment of nearly $19 million in Hispanic Serving Institutions (HSI), a $3 billion investment in port infrastructure, the issuance of a final rule (via the Department of the Treasury) on foreign technologies from China (including AI), the issuance of a final rule (via the Environmental Protection Agency) covering lead abatement, including in rural areas, more student loan forgiveness for those in the Public Service Loan Forgiveness (PSLF) program. 3 items of interest for us:

• They provided a one-year update of the Administration regulatory roadmap on AI, including the many actions that different federal agencies have taken in implementing and rolling out AI. It’s a very useful tool to keep abreast of federal action on AI.

• They issued the first-ever National Security Memorandum (available here) outlining the federal government’s plan to ensure that the United States remain at the forefront of AI development, regulation, and a leader in building strategic consensus in governing the usage of AI.

• They provided an update on the more than $2 billion that has been deployed to help regions affected by hurricane Helene. If your facility was impacted, it’s a useful hub to find all federal resources that are available to assist.

CONGRESS:

With the election dominating the conversation and Congress out of office, there’s been little of note in Congress over the last while. The legislative agenda post-election will depend heavily on the outcome of the elections as control of both chambers remain up for grabs. The Senate is likely to go to the GOP, while the House remains neck & neck. On Congress’ post-election to-do list is a government funding bill and a disaster-aid relief bill to shore up federal programs in the wake of the two devastating hurricanes earlier this year. We’ll have more after the election. Elsewhere in the political world:

• It’s important to remember that it’s not just the Presidency & Congressional control at stake in the election. Here’s a look at some of the ballot initiatives that are being voted upon across the country.

• Senator Wyden (D – OR) and other Congressional leaders aired major concerns with Medicare Advantage programs, highlighting how they compromise care and cost more for the federal government. You can access the letter here (PDF).

• Senator Blumenthal (D – CT) also highlighted a different area of MA plans’ shortcomings, as his Permanent Subcommittee on Investigations released a massive report highlighting how MA plans use prior authorization denials to affect care. The full report can be accessed here (PDF).

• Texas is joining the list of states that are working on AI regulation, with a new bill being circulated ahead of this year’s legislative session. A copy of the bill can be found here.

• One potential post-election dynamic for the GOP to keep in mind: the Speaker’s role may not be safe.

• One CRS report of interest, which while a bit off the beaten path, should be of interest to anyone who works with data. It’s an overview of the different approaches federal agencies are taking to standardizing their data. You can access a copy here (PDF).

AGENCIES:

Last Friday, CMS released several final payment rules:

• Medicare Physician Fee schedule
• End Stage Renal Disease (ESRD)

Together with the Consumer Financial Protection Bureau, CMS released a joint statement outlining the protections that Medicaid beneficiaries have against debt collection practices. You can access a copy here (PDF).

CMS released a guide to state survey agencies on their expectations for the survey process. It’s comprehensive and technical but provides more insight into how CMS expects surveys to be conducted. It’s available here (PDF).

CMS released a data snapshot on the Medicare shared savings program, outlining more than $2 billion in savings for the Medicare program.

HHS, via ASPE, provided an early analysis of the savings afforded by the Medicare Drug Prescription payment program, highlight nearly $1 billion in savings for Medicare Part D beneficiaries. The full report can be found here.

In a program that may be of interest to residents’ families, HHS released $3.7 billion for the Low Income Home Energy Assistance Program (LIHEAP), a program that helps families with their home energy costs. More information that may be helpful to beneficiaries is available at the central resource page.

The OIG at HHS released an analysis of how MA plans are using questionable plans to drive up health costs, finding more than $4 billion in overpayments. The summary is here (PDF). The full report can be accessed here (PDF). The Wall Street Journal has a breakdown here.

The OIG at HHS also released an analysis of payments that Medicare Part D paid for drugs that should have been covered by Part A. The summary is here (PDF). The full report is here (PDF).

HHS’ ASPE (Office of the Assistant Secretary for Planning and Evaluation) released a study on Medicaid coverage for SNF’s, finding that Medicaid only covers 82 cents on the dollar for SNF care. The full study can be accessed here (PDF).

A legal win in Illinois for statutory immunity for SNF’s against Covid claims.

FROM THE NOTEBOOK:

• A good look at the new proposal from Vice President Harris to expand Medicare to cover at-home care.

• Oracle launched a new AI powered EHR system.

• The Deputy Director of CMS breaks down the Agency’s process through the first stage of the Medicare Drug Pricing negotiation.

• With the constant discussion around PBM’s, the NY Times explored how they impact pharmaceutical prices.

• A look at the impact on beneficiaries as providers continue to drop Medicare Advantage.

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