Analysis of Nursing Home Staffing Bill
As reported on February 11, Senator Ron Wyden (D-OR) was joined by six Democrat co-sponsors in introducing a bill that would establish minimum staffing standards in nursing homes (S. 3886). The bill includes 3.48 hours per resident, per day of total nurse staffing, 24/7 registered nurse (RN) staffing, and regular studies with accompanying reports to Congress that would pave the way for future increases to staffing requirements. The bill also includes instructions to states to use civil money penalty (CMP) funds to support workforce development, an increase in survey and certification funding, and codification of the Medicaid payment transparency requirements upheld from the original nursing home staffing standards rule. Read more on this bill here.
PACE Audit Protocol Finalized and Posted
On February 17, the Centers for Medicare and Medicaid Services (CMS) posted the Final Audit Protocol for PACE Organizations. CMS urges PACE organizations to review the updates and prepare for upcoming audits by understanding data and documentation requests. Following the protocols does not exempt providers from compliance with applicable statutes or regulations. If factors outside of those covered in the audit protocol are identified as areas of concern or non-compliance, additional review is likely regardless of whether the policy is included in the updated Audit Protocol. Providers can view all related documents on the PACE Audits webpage. The PACE Audit overview stratifies the process into phases and timelines and allows providers a window into the CMS process and expectations in a more standardized process.
OIG Workplan Update Includes a New Nursing Home Task
The Office of Inspector General (OIG) for the Department of Health and Human Services (HHS) updated its workplan on February 17 and included a new task on nursing homes. The new task includes an audit of state agencies’ assurance of nursing homes’ compliance with requirements for safe storage of drugs and biologicals, specifically relating to preventing opioid misuse, overdose, and diversion. The project completion date is estimated to be Fiscal Year 2028. Review the work plan task here.
OIG Includes Medicaid Provider Taxes on Workplan Update
In updates to Office of Inspector General’s (OIG) for the Department of Health and Human Services (HHS) workplan posted on February 17, the OIG includes review of states’ use of provider taxes to fund their non-federal share of Medicaid expenditures. The outlined objectives target states’ use of funds generated by provider taxes to offset costs associated with the provision of coverage or healthcare services to individuals not otherwise eligible for full Medicaid. The audit is anticipated to conclude in federal fiscal year 2028. The full announcement and other updates to the work plan are available here.
