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Pause on CMP Reinvestment Program Applications
The Centers for Medicare & Medicaid Services (CMS) has temporarily paused the review of Civil Money Penalty Reinvestment Program (CMPRP) applications due to the ongoing freeze on external communications from the Department of Health and Human Services (HHS) and its agencies. CMS recently shifted CMPRP processes such as the review and approval of grant applications and disbursement of funds away from the CMS locations (regional offices) and onto a centralized team within CMS at the federal level to simplify workflows and improve effectiveness. However, the communications freeze implemented in January means that the CMPRP team is unable to communicate with the state CMPRP contacts who are responsible for receiving applications at this time. LeadingAge has advocated for a swift end to the pause in communications that was originally planned to end in February that continues to impact multiple aspects of aging services.
Senators Call for GAO Investigation of Assisted Living
Three senators called on the Government Accountability Office (GAO) to investigate assisted living to determine if federal oversight should be implemented. A report released in 2018 by GAO indicated that state oversight of critical incidents in assisted living was poor. The GAO found that the Centers for Medicare and Medicaid Services may not be aware of occurrences of evictions, medication errors or other critical incidents because of differences in state definitions. The report recommended that CMS increase oversight and state reporting of deficiencies and critical incidents to better understand the wellbeing of Medicaid Participants residing in assisted living.
In a letter dated March 31, Senators Elizabeth Warren (D-MA), Ron Wyden (D-OR), and Kirsten Gillibrand (D-NY) ask GAO Comptroller General Eugene Dodaro for updates to the 2018 report. The letter outlines the lack of a federal regulatory framework for assisted living and state variation in regulatory administration. The letter goes on to ask GAO to investigate specifics about critical incidents and determine whether there is need for additional federal oversight of assisted living. Any updates from GAO will take some time; in the meanwhile, the current administration is not expected to take measures for federal oversight of assisted living.
However, the calling on GAO to investigate perpetuates some of the negative perceptions our field continues to battle. The senators’ request follows a January 2024 hearing of the Senate Special Committee on Aging Hearing, “Assisted Living Facilities: Understanding Long-Term Care Options for Older Adults.”
“We support state systems that provide complete transparency about complaints, their resolution, and quality ratings so that consumers have all the knowledge they need before they move into a residential setting. We do not believe it would be effective to attempt imposing a federal regulation or reporting structure on a set of services that evolved to respond to state and local consumer interest in supportive care – but not nursing care – and a distaste for nursing homes,” LeadingAge said in testimony submitted to the January 2024 hearing.
U.S. House Members Request CMS Action on Needed MA Reform
Seventy- eight members of the House, led by Representative Jayapal, DeLauro, Schakowsky and Doggett, called on CMS to take action to address growing concerns with the Medicare Advantage (MA) program and MA plans, including: overpayments to plans estimated at a total of $1.2 trillion over the next decade (Committee for a Responsible Federal Budget), inappropriate denials of prior authorizations for medical necessary care, the use of “arbitrary, unregulated AI [artificial intelligence] algorithms, and care disparities across race, ethnicity and ability.
LeadingAge appreciates these members efforts to shine a light on concerns we share to the new Trump Administration. The complete letter from House members to CMS can be found here. Stay up to date with our Improving Medicare Advantage serial post.
Improving Payment Accuracy for Physician Services in SNFs
The Centers for Medicare & Medicaid Services (CMS) shared a resource in the MLN Connects newsletter reviewing proper billing codes for physician services in nursing homes. Improving Payment Accuracy for Physician Services in Skilled Nursing Facilities reviews coding for both patients covered under a Medicare Part A stay and those who have exhausted their Part A stay consistent with the Administration’s focus of reducing waste, fraud, and abuse. CMS states that questions should be directed to the Medicare Administrative Contractor (MAC). You can find your MAC here.
New Bill Looks to Require Hospice Information at Hospital Discharge
On March 27, Representative Erin Houchin (R-IN) introduced legislation (H.R. 2437) to require hospitals to provide information on available hospice programs to certain individuals upon discharge under the Medicare program. LeadingAge is in conversations with the office to talk more about the legislation’s goals.
DOL Addresses Revocation of Biden Executive Order on Minimum Wage for Employees of Federal Contractors
Following a decision by President Trump to rescind President Biden’s April 2021 Executive Order 14026, which increased the minimum wage that federal contractors (such as providers contracting with the Veterans Administration to provide services to veterans) must pay their employees to $15/hour (the figure has increased annually since then to account for inflation), the U.S. Department of Labor has posted a brief statement indicating that “the Department is no longer enforcing Executive Order 14026 or the implementing rule and will take steps, including rescinding 29 CFR part 23, to implement and effectuate the revocation of Executive Order 14026.”
At this time, however, our understanding is that a separate Executive Order concerning federal contractors, issued by President Obama in 2014, remains in effect. LeadingAge will do further analysis and provide additional information on this issue.
Weekly Recaps: April 2, 2025
Affordable Housing Weekly Recap. Here is your weekly Affordable Housing Weekly Recap.
Home Health Weekly Recap. Here is your weekly Home Health Weekly Recap.
Hospice Weekly Recap. Here is your weekly Hospice Weekly Recap.
Life Plan Community Weekly Recap. Here is your weekly Life Plan Community Recap.
Medicaid, HCBS, and PACE Weekly Recap. Here is your weekly Medicaid, HCBS, and PACE Weekly Recap.
Nursing Home Weekly Recap. Here is your weekly Nursing Home Weekly Recap.
