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CMS Updates Guidance on Federal Monitoring Surveys
The Centers for Medicare & Medicaid Services (CMS) have released updated guidance on nursing home Federal Monitoring Surveys for Fiscal Year (FY) 2025. CMS has removed the Focused Concern Surveys for FY 2025 and reallocated the number of health comparative surveys to be conducted in each state. CMS additionally added the option for a desk audit for Emergency Preparedness / Life Safety Code Federal Monitoring Surveys and specified the types and numbers of surveys to be conducted. Access the guidance here.
Budget Reconciliation Inches Closer to Kicking Off
The Senate Budget Committee released their draft budget resolution that would kick off budget reconciliation and announced they were marking it up on February 12 and 13. The House is reportedly moving closer to having its own resolution and still wants to hold a markup the week of February 10 as well. Read a detailed article on the latest with budget reconciliation here.
Provider Talking Points on Threats to Medicaid
LeadingAge has created two sets of talking points for members and state partners to use in talking to Members of Congress about the potential cuts to Medicaid in the reconciliation process. One set of talking points outlines the types of proposals being considered and provides general talking points on why they are harmful. The second set focuses more on aging services providers as well as the impacts on states.
Executive Order Advances Deregulatory Agenda
On January 31, President Trump issued an Executive Order entitled “Unleashing Prosperity Through Deregulation,” stating that the Administration’s policy is “to significantly reduce the private expenditures required to comply with Federal regulations.” The Order requires that whenever an agency promulgates a new rule, regulation, or guidance, it must identify at least 10 existing rules, regulations, or guidance documents to be repealed, and directs agency heads to ensure that the total incremental cost of all new regulations for federal fiscal year 2025 shall be “significantly less than zero,” meaning offset by eliminating costs associated with repealed regulations.
The Director of the Office of Management and Budget is charged with providing agencies with updated guidance on implementing the ten-for-one rule, including processes for identifying regulations for elimination. It remains to be seen how this will play out on an agency-specific level, but it makes clear the President’s goal of reducing federal regulation. Here are links to the Executive Order and a White House Fact Sheet.
Ending the Employee Retention Tax Credit Being Considered for Inclusion in Budget Reconciliation Package
Congressional Republicans have identified a menu of items to choose from to help meet their budget reduction targets. Ending the employee retention tax credit (ERTC) is one of these items and is projected to save $70-75 billion over 10 years. This credit has been under the Congressional and Internal Revenue Service (IRS) microscope for some time as it has been plagued by fraudulent actors and claims making it ripe for cutting. Please let Nicole Fallon at LeadingAge know if you are still waiting on payment for an Employee Retention Tax Credit Claim including month and year you submitted and the amount you are waiting to receive. LeadingAge members who are still awaiting payments are also encouraged to reach out to your U.S. Senate and House representatives to ask for their support during upcoming budget deliberations to preserve the ERTC credit for businesses, like yours, with legitimate claims who have yet to receive our funds.
House Letter Seeks Reversal of 80/20 Provision
On February 3, Representative Buddy Carter (R-GA) and eight other Republican members of the House Energy and Commerce Committee, which has jurisdiction over the Medicaid program, sent a letter to President Trump regarding the 80/20 provision of the Medicaid Access Rule. The letter outlined the challenges with the 80/20 component of the rule and its associated reporting requirements as well as the volume of feedback against that part of the rule that CMS received during rulemaking, including from LeadingAge. The letter asked the President to prioritize reversing this component of the rule.
Weekly Recaps: February 12, 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 LPC Weekly 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.
