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SNF Digest|Reimbursement|Operations|Clinical|Finance

SNF Digest #47

Freestyle6 min readJun 11, 2023

WHITE HOUSE:


The White House focused this week on resources for the Canadian wildfires affecting the Northeast US, an update on the supply chains (full PDF of the report available here), and vetoing a Congressional bill that would have rolled back the student loan debt relief plan. Two items of interest for us:


  • The White House created a central resource site to track the many different infrastructure investments that are being made across the country at www.invest.gov. It’s a useful tool to see where federal dollars are being spent, both for public projects as well as for public-private partnerships.


  • The President signed an executive order (full text here) outlining efforts to strengthen military veterans, families, and caregivers. Part of the order is designed to provide more economic opportunities and job stability for military spouses, which may be helpful for facilities located near military bases.


CONGRESS:


While the debt ceiling fight is behind us, the repercussions are not. Conservatives, unhappy with the debt deal negotiated by Majority Leader McCarthy have revolted and are stalling House business, leading to several Congressional Republicans leaving town early. Although the fight appears to be mostly posturing at this point, it highlights the challenges that face the GOP with such a slim House margin. For now, with no immediate major legislation on deck, it’s a sign of the times in DC and illustrates the major difficulties of Congressional action in a divided government. Elsewhere from the political world:


  • The US Senate Committee on Veterans Affairs held a hearing this week on veterans’ access to long-term care services. As part of the Hearing Senator Angus King of Maine (an Independent from Maine who generally caucuses with Democrats) called out CMS’ COO Jonathan Blum for their upcoming staffing mandate, arguing that instead of regulatory measures we need more efforts focused on recruitment, retention, and incentivizing folks to join the profession. It’s a worthwhile video to watch and share. AHCA posted a clip of the video to YouTube and a summary of the hearing.


  • At AHCA’s Congressional Briefing, Congresswoman Cathy McMorris Rodgers (R – WA), the Chairwoman of the House Energy & Commerce Committee, publicly affirmed her support against a universal staffing mandate.


  • The Ways & Means Committee drafted the beginning of new tax cuts legislation, setting out several Republican & Democratic priorities. While the bill won’t pass as is, it lays the groundwork for later this year and is worth keeping an eye on. You can download a copy here (PDF).


  • We mentioned last week about a possible Wisconsin challenger to Democratic Senator Tammy Baldwin. The GOP’s top choice declined to run this week, adding to a suddenly more favorable roadmap for the Democrats in 2024. An unexpected Supreme Court decision affirming existing precedents for the Voting Rights Act can potentially shift up to 5 Congressional Districts, not including potential legal impact elsewhere. 538 breaks down the implications of the decision.



  • As part of the debt ceiling deal, work requirements are being added for SNAP beneficiaries. How it will play out in practice is a concern for all the agencies involved.


  • Highlighting the Administration’s close ties to Unions, the Vice President addressed SEIU this week, while the President is planning on spending time in Philadelphia at a rally with Unions later this month.


  • The American Hospital Association submitted their comment on the SNF payment rule, advocating for greater reimbursement for SNF’s. You can download a copy here (PDF). It’s welcome support and comes at a time that hospitals are facing greater Congressional oversight.


LEGAL:


Three items on the legal front that impacts us. Please share with your legal advisors for a more in-depth opinion:


  • In a case we mentioned back in November, the Supreme Court ruled that private individuals can sue public SNF’s. In theory, the way the decision is structured mostly affects SNF’s in states that operate under an IGT or UPL structure, but please consult your legal advisors. The full opinion can be found here (PDF).


  • We’ve touched upon the Chevron deference issue before. It’s the legal theory underpinning most administrative authority for federal agencies. The CRS issued a report for Congress outlining the issue and what’s at stake when the Supreme Court hears the case in the next term. You can find it here (PDF).


  • Both Merck and the US Chamber of Commerce announced lawsuits against the Administration for the plan to give Medicare the ability to negotiate drug pricing. The Chamber is also mounting a full public relations campaign.


AGENCIES:


HHS announced the list of 43 drugs that Medicare Part B beneficiaries are likely to see cost savings on starting July 1. The full list is available at CMS’ quarterly pricing site as a ZIP file. The Office of the Assistant Secretary for Planning and Evaluation (ASPE) released a report on the latest trends in spending and utilization on Part B drugs. You can download a copy here (PDF).


HHS, via HRSA, announced a new $15 million loan repayment program to strengthen the pediatric care workforce. In theory, this can serve as a model for other healthcare providers.


For those involved with mental health addiction treatment, HHS, via SAMHSA, released the first national model for standards for certification for peer support. You can download a copy here (PDF).


CMS is creating a new group to focus specifically on Managed Care organizations and drive policy covering the organizations. You can download a copy of the notice in the Federal Register here (PDF).


The FTC added another GPO to their ongoing PBM investigation, adding Emisar to the list of GPO’s required to provide more information on their business practices.


The latest experimental Alzheimer’s drug passed a key regulatory hurdle when it received approval by an FDA panel. The full packet of background documents can be accessed here (PDF).


FROM THE NOTEBOOK:


  • An important bipartisan Op-Ed from Alex Azer (HHS Secretary under President Trump) and Kathleen Sebelius (HHS Secretary under President Obama) arguing that Congress needs to use immigration, and soon, to solve the nursing crisis.


  • The New York Legislature sent a bill to the Governor that would lower fines for facilities that lower agency usage in their building. It can be a model for other states. You can access a copy of the bill here (PDF). McKnight’s has a summary.


  • Axios looked at some of the real-world challenges in utilizing AI in the healthcare world.


  • Dartmouth University released a new study analyzing the growth of Medicare fraud in home healthcare billings. It’s an unfortunate trend to monitor. It’s available here.



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SNF Digest #47

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