See what our advocates have been up to on the Federal level by clicking on each title below.
Texas Court Ruling Sets Aside FTC Rule Banning Non-Competes
As reported on August 20, Judge Ada Brown, of the U.S. District Court for the Northern District of Texas, struck down a Federal Trade Commission rule that would have banned nearly all non-compete agreements nationwide. In the opinion and order, Judge Brown ruled that the FTC lacked the statutory authority to issue the non-compete rule, and that the rule is arbitrary and capricious under the Administrative Procedure Act. As such, the Court held the rule to be unlawful and set it aside with nationwide effect. This LeadingAge article provides additional background and analysis.
OIG Audit Reveals Noncompliance with Infection Preventionist Requirements
A report released by the Health & Human Services (HHS) Office of the Inspector General (OIG) on August 20 estimates that 24% of nursing homes failed to meet Infection Preventionist requirements during a one-year period from July 2021 – June 2022. OIG recommended that the Centers for Medicare & Medicaid Services (CMS) increase oversight of these requirements, which could mean greater scrutiny from surveyors. Read more here.
LeadingAge Comments on CY2025 Home Health Proposed Rule; NHSN Reporting Proposal
On August 26, LeadingAge submitted comments on the CY2025 Home Health Proposed Rule. LeadingAge argued against the proposed cut, argued for greater flexibility in completing the OASIS especially with the potential addition of more social determinates of health measures. LeadingAge also strongly articulated their objections to the proposed COPs and offered other suggestions for dealing with the delays in accessing home health. LeadingAge opposed provisions to expand and make permanent NHSN reporting requirements for nursing homes, pointing out that this data no longer serves the same purposed as when first implemented and reminding CMS that nursing homes will continue tracking and sharing data on respiratory illnesses as appropriate based on existing requirements for the Infection Prevention and Control and Quality Assurance and Performance Improvement programs.
CMS Opens Second Review Period for SNF Provider Preview Reports
Skilled Nursing Facility (SNF) Provider Preview Reports for the October 2024 refresh of Care Compare and the Provider Data Catalogue were initially released on July 15 with the opportunity to request correction through August 14. However, due to a technical glitch that prevented the posting of SNF Provider Preview Reports for swing-bed providers, CMS has reissued SNF Provider Preview Reports for this period for all providers. Providers may review these reports and request corrections by September 23, 2024. Recall that providers may only request review of existing data; no corrections to underlying data will be accepted. SNF Provider Preview Reports are available through iQIES.
CMS Outlines CMMI Data Sharing Strategy
CMS has a goal to move all Medicare beneficiaries into accountable care models by 2030. In their latest blog in Health Affairs, they outline the CMS Innovation Center’s data sharing strategy. Given the role and importance of data to the work of CMS and model participants, CMS developed a data sharing strategy with a primary goal of identifying data sharing needs across CMS Innovation Center models. The blog covers the output of this work, including key takeaways, recommendations, and next steps.
Weekly Recaps: August 28, 2024
- Affordable Housing Weekly Update. Here is your weekly Affordable Housing Update.
- Nursing Home Weekly Update. Here is your weekly Nursing Home Update.
- Workforce Weekly Update. Here is your weekly Workforce Update.
- Medicaid, HCBS, and PACE Weekly Update. Here is your weekly Medicaid, HCBS, and PACE Update.
- Life Plan Community Weekly Update. Here is your weekly LPC Update.
- Home Health Weekly Update. Here is your weekly Home Health Update.
- Hospice Weekly Update. Here is your weekly Hospice Weekly Update.
