Coming up on June 17th is ECAP West in Arizona. It’s a terrific opportunity to meet up with operators, financial partners, vendors, and, of course, many of the Executive Directors for AHCA state affiliates based on the west coast. On opening Monday, as we did at ECAP Summit in Miami, there will be separate roundtables for state execs so that you can learn more about each individual state. There’s still time to register here.
We’d love to see you!
MINIMUM STAFFING RULE:
The American Health Care Association (AHCA) formally filed their lawsuit, filed jointly on behalf of AHCA, the Texas Health Care Association, and several specific facilities in Texas, against CMS’ minimum staffing rule. LeadingAge also announced that they will be joining the lawsuitFor those legal minds who’d like to read it, you can access a copy of the filing here (PDF). Coverage of the lawsuit can be found in McKnight’s, Skilled Nursing News, as well as political sites like The Hill. The timeline for final determination of the suit remains uncertain, but in the short term, it’s a welcome step in the battle against the rule.
WHITE HOUSE:
Over the last two weeks, the President made a renewed push for Congress to keep funding the Affordable Connectivity Program going (this past Friday, May 31st, was the final day), advancing domestic nuclear energy, modernizing the nation’s power grid, recapped the second anniversary of the President’s Executive Order on public policing accountability, and releasing more gasoline into the domestic supply ahead of July 4th. Two items of interest for us:
- They announced a new guidebook to help business tap into federal funding available to help small businesses adopt clean energy, including retrofits or solar panels. There are loans, federal loan guarantees, and other financing tools available that may be available for facilities to renovate with newer, more energy efficient systems, especially if you’re located in rural areas. You can access a copy of the guidebook here (PDF).
- They issued another round of student loan debt cancellation for more than 160,000 borrowers, including many public service workers like nurses. As many of you may have staff who benefit from this program, they may appreciate hearing about it from you.
CONGRESS:
With must-pass legislation mostly behind us, Congressional focus in DC is mostly on primaries, election season, and messaging. That’s likely going to remain the case until September, when the next round of real deadlines hit us. Speaker Johnson is on a stable path, with most of the opposition having fallen silent upon their failed effort to oust him, even as Democrats have significant leverage and are pushing hard to take back the House. The Senate remains a long shot for Democrats to retain control, setting the stage for divided government yet again. For now, it’s a whole bunch of hurry up and wait for November in DC. Elsewhere in the political world:
- Obviously, the talk of the town has been the guilty verdict in the New York trial against former President Trump. Practically speaking, the verdict doesn’t affect his ability to campaign or win the election. In fact, in the 24 hours following the verdict, polls found a bump in support for the former President (although it’s unclear how valuable these polls actually are) and the campaign said it raised nearly $53 million dollars. All this came on the heels of a report that found Democratic insiders are worrying about the President’s reelection campaign.
- Senators Sanders and Wyden have found a new target in healthcare: a data analytics tool called MultiPlan. In a letter (PDF) sent to the company, the Senators raise concerns that the company is driving up healthcare costs.
- Senator Sanders is also making an effort to expand dental coverage included in Medicare and Medicaid, although like most items costing money in an election year, prospects for passage as a standalone bill are slim.
- There were several tough runoffs for primary elections in Texas this past week, with the GOP establishment surviving in a few cases, but quite a few state incumbents lost.
- Looks like AI regulation is driving a surge in DC lobbying on the issue, even as Governor Newsom of California, one of the key states for AI regulation, warned against overregulation of the industry.
- One useful CRS report: an updated guide to Congressional offices helping connect their senior constituents with government resources. You can access a copy here (PDF).
AGENCIES:
On the heels of the Change healthcare cyberattack, HHS announced that Change will be responsible for notifying individuals whose information was accessed in the hack, NOT the individual providers. The policy can be found in the Change Healthcare FAQ at the OCR (Office of Civil Rights) page.
ARPA-H announced a new program, called Upgrade, designed to help healthcare system better protect themselves from cyberattacks. For more details on the program, visit the central grants page here. You can also find a summary of the program here.
HHS, via the Administration for Community Living (ACL), released their report to Congress on their “Strategic Framework” for a national plan on aging. You can access a copy here (PDF).
CMS extended the timelines for states to report on the impact that the Medicaid unwinding has had. You can access a copy of the formal notice here (PDF).
The Government Accountability Office (GAO) released a report on the LTC Ombudsman Programs across the country. McKnight’s has a good summary.
The Illinois Supreme Court heard arguments on a local challenge to immunity granted to facilities in the state during Covid.
FROM THE NOTEBOOK:
- I often cite research briefs and studies from the Kaiser Family Foundation. They just published “Health Policy 101”, which is a complete breakdown of healthcare policy related to funding in every area of healthcare, such as Medicare 101or Medicaid 101. While broad, it’s a useful tool to understand the basic of federal and state healthcare policy.
- Minnesota passed legislation that will ban for-profit HMO’s from winning Medicaid managed care contracts in the state.
- A long look at the realities of the staffing shortages out of Michigan, highlighting that despite demand, there simply aren’t enough staff available.
- The Medicaid Unwinding continue to have significant impact on healthcare systems. Here’s a look at how it’s caused cutbacks in staffing and services at a health system in Montana.
- Coming in from Canada, the Alberta Government is being asked to stop housing behavioral health patients in long-term care facilities, arguing that the regulations needed to deal with each population are different.
- The Wall Street Journal looked at how large healthcare systems can dictate how employers choose their healthcare systems in their insurance plans.
- It’s not just here in the US that facilities are struggling with costs; a high-end home in Britain also ran into serious financial challenges.
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