Still No Guidance for NHSN Reporting
The Centers for Medicare & Medicaid Services (CMS) released memo QSO-25-11-NH on December 31 to clarify that although there is no sub-regulatory guidance, nursing homes must proceed with requirements for reporting through the National Healthcare Safety Network (NHSN) on January 1 as finalized in a November rule. The specific reporting data elements were most recently updated in September 2024 and providers will continue this reporting despite the lack of guidance. Providers should also continue to report healthcare personnel COVID vaccination status on a weekly basis until further notice from CMS. This reporting is likely to be included in the forthcoming guidance.
CMS Streamlines CMP Application, Review Process
The Centers for Medicare & Medicaid Services (CMS) announced updates to the Civil Monetary Penalty Reinvestment Program (CMPRP) in a December 20, 2024 memo to state survey agency directors. CMS is streamlining the application and state plan review processes to simplify workflows and improve effectiveness, according to the memo. Beginning January 1, plans and applications will no longer be submitted to the CMS location but directly to the CMS CMPRP team at the federal level. Currently, states submit work plans and applications for the use of CMPRP funds to the CMS location for review and approval. Read more in this LeadingAge article.
HHS Proposes Modifications to HIPAA Security Rule
On December 27, the U.S. Department of Health and Human Services, Office for Civil Rights, released a proposed rule that would update the HIPAA Security Rule to strengthen the cybersecurity of electronic protected health information (ePHI). The proposal seeks to address the increasing frequency and sophistication of cyberattacks in the health care sector, by revising and clarifying what covered entities and their business associates must do to protect ePHI and reflect advances in technology and cybersecurity best practices and procedures. A fact sheet is available here, and an advance review copy of the proposed rule is posted at the Federal Register. The proposed rule is expected to be published formally on January 6, followed by a 60-day public comment period. LeadingAge will review the proposed rule and share additional information with members.
Nursing Home Staffing Standard Lawsuit: January 17 Marks Final Step in Briefing Schedule
We are less than two weeks away from completion of a four-month briefing schedule established for our legal challenge to the Centers for Medicare and Medicaid Services’ (CMS) minimum staffing rule, as consolidated with the State of Texas’ separate suit challenging the rule. On December 13, LeadingAge, the American Health Care Association, and the other plaintiffs in our lawsuit filed a memorandum opposing a November 15 motion for summary judgment filed by the Department of Justice (DOJ), on behalf of the Department of Health and Human Services and CMS, in which DOJ asked the court for a final ruling in the government’s favor. The final step is for the DOJ to file a brief in reply to our December submission, which is due on January 17. Judge Matthew Kacsmaryk has not yet scheduled oral argument on the parties’ cross-motions for summary judgment, but he may do so once all the briefs have been filed. We will provide additional information as soon as it is available.
