CHANGE HEALTHCARE CYBERATTACK:

As the fallout from the Change Healthcare attack continues, CMS issued several flexibilities to help providers deal with the problems posed by the attack:

• As mentioned last week, they activated the Medicare Accelerated Payment program and issued a Fact Sheet with guidance for affected providers.

• They provided guidance to states on how to issue interim Medicaid payments to affected providers. You can download a copy here (PDF).

HHS was also busy with Change Healthcare this week:

• Via the Office of Civil Rights (OCR, which has HIPAA oversight) they opened a HIPAA investigation into United Health Care for the cyberattack and their response.

• They hosted a roundtable with provider groups to discuss ways to help.

• Finally, they sent a letter to United Health Care and private insurance plans urging them to do all within their power to assist navigating the cyberattack.

The Congressional Research Service (CRS) issued an updated version of their guide on the Change Cyberattack and considerations for Congress, especially relevant with the Senate Finance Committee grilling HHS Secretary Becerra on the agency’s plans to address the issue. It’s available here (PDF).

In the meantime, the lawsuits against United Health Care have begun.

WHITE HOUSE:

The White House focused this week on more efforts to stop junk fees, this time in student loans and higher education, new actions on pollutants (EPA final rule here), and announcing more than $3 billion in funding for transportation projects across the country. Two items of interest:

• The President released his budget proposal for the upcoming fiscal year. The full 188 page budget can be found here (PDF), if you’re in the mood for some light reading. It’s important to note that Presidential budgets never pass as is but highlight what’s important to the Administration and their goals. Here are their specific announcement for healthcare and Medicare. The rest of the specifics can be found here.

• They launched a new initiative to tackle the opioid overdose epidemic. The “challenge” calls upon both public and private entities to partner in driving solutions to the epidemic. If you operate in areas that are particularly vulnerable there may be resources available to you.

CONGRESS:

With the first set of appropriations bills in the books, attention now turns to the remaining agencies that need funding, including HHS. With the very notable exception of the Department of Homeland Security, the process seems to be going as smoothly as possible for a federal budget process that consistently lives on the edge. The bill texts are likely to be released over the weekend with the formal shutdown date next Friday, March 22^nd. While the GOP’s internal strife continues, with less than half the House attending the GOP retreat this weekend, things on the funding front remain on track. In the meantime, several pieces of legislation that passed one House are stuck, including foreign funding, a tax relief bill, and the newly passed TikTok bill. It’s never a dull moment in Congress. Elsewhere in the political world:

• A bipartisan group of Senator introduced a new bill that would govern dual-eligibles, with the goal of streamlining coverage with a single plan that combines benefits and oversees services to ensure that patients are not subject to fragmented care. The one pager is available here (PDF). The official summary is here (PDF). The full bill text is here (PDF). NPR has a good summary of the goals for the legislation.

• It appears that the internal dissension facing the GOP in DC is spreading to the state level. At the same time, targeted campaigns aimed at single elected officials are gaining steam. As we head into campaign season, these are trends to monitor.

• Following last election season’s tough outcome for Democrats in New York, the Governor has gone on the offensive.

• An important primary will take place this Tuesday in Ohio where candidates for both Senate and House seats that can control the Congressional majority in November will take place. There’s also a state supreme court seat up for grabs, which factors into the Democratic state legislative strategy.

AGENCIES:

(HHS & CMS info is listed at the top with the latest on Change Healthcare)

A federal judge overturned the NLRB’s Joint Employer rule, which would have had a significant impact on employment practices. McKnight’s has a good summary. For those so inclined, the ruling can be found here (PDF).

A important procedural decision by the federal court system was issued this week to limit forum-shopping, the practice in which folks interested in a specific judicial outcome file lawsuits in specific courts. This is a good summary of the political implications while this summary focuses more on the legal impact.

FROM THE NOTEBOOK:

• We mentioned Florida’s plan, approved by the FDA, to import prescription drugs from Canada. Kaiser Health News broke down the latest on the plan, where else it might be in play, and what comes next.

• An important study, commissioned by the state of New Jersey, explored how confusing state directives and inadequate funding contributed to the many challenges faced by NJ SNF’s in the early days of Covid. NJ Spotlight has a summary. For those so inclined, the 900 page report can be found here (PDF).

• A look at South Dakota’s efforts this legislative session to help long-term care facilities in the state.

• The Missouri Ombudsman’s office launched a new dashboard to help the public identify LTC availability.

• Fortune magazine looked at the trend of for-profit ownership of SNF’s.

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