- CMS: Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2026 Rates; Requirements for Quality Programs; and Other Policy Changes; Correction
- CMS: Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2026 Rates; Requirements for Quality Programs; and Other Policy Changes; Correction
- CMS: Medicare and Medicaid Programs; Contract Year 2026 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly; Correction
- CMS: Medicare and Medicaid Programs; Contract Year 2026 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly; Correction
- CMS: Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Quality Reporting Program for Federal Fiscal Year 2026
- CMS: Medicare Program; FY 2026 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Program Requirements
- Public Inspection: CMS: Medicare Program: Fiscal Year 2026 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Program Requirements
- Public Inspection: CMS: Medicare Program: Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Quality Reporting Program for Federal Fiscal Year 2026
- CMS: Medicare and Medicaid Programs; CY 2025 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies; Medicare Shared Savings Program Requirements; Medicare Prescription Drug Inflation Rebate Program; and Medicare Overpayments; and Appeal Rights for Certain Changes in Patient Status; Corrections and Correcting Amendment
- CMS: Request for Information; Health Technology Ecosystem
- CMS: Medicare and Medicaid Programs; CY 2025 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies; Medicare Shared Savings Program Requirements; Medicare Prescription Drug Inflation Rebate Program; and Medicare Overpayments; and Appeal Rights for Certain Changes in Patient Status; Corrections and Correcting Amendment
- VA: Staff Sergeant Fox Suicide Prevention Grant Program Funding Opportunity
- State: 60-Day Notice of Proposed Information Collection: J-1 Visa Waiver Recommendation Application
- HHS: Request for Information (RFI): Ensuring Lawful Regulation and Unleashing Innovation To Make American Healthy Again
- Public Inspection: CMS: Request for Information: Health Technology Ecosystem
SCOTUS Won’t Hear Challenge to Health Worker Vaccine Mandate
From HealthCareDive
Dive Brief:
- The Supreme Court on Thursday declined to hear a challenge brought by healthcare workers to New York’s statewide vaccine mandate that doesn’t include a religious exemption, according to court documents.
- Justices Clarence Thomas, Neil Gorsuch and Samuel Alito dissented, with Thomas writing in an opinion from the dissenting justices that healthcare workers in the state objected to the mandate on religious grounds “because they were developed using cell lines derived from aborted children.”
- Religious organizations have refuted that claim, reiterating that fetal cells were used in the testing and development of such vaccines though the shots themselves don’t actually contain those cells. The Vatican said in a 2020 statement that “it is morally acceptable to receive Covid-19 vaccines that have used cell lines from aborted fetuses in their research and production process.”
Dive Insight:
New York’s Department of Health issued its vaccine mandate in August 2021, requiring healthcare staff at hospitals, long-term care facilities, and other medical settings be vaccinated against the coronavirus.
While the mandate allows medical exemptions for those who said the shot would be detrimental to their health, it did not include a similar religious exemption, prompting 16 healthcare workers to file an emergency application for the high court to block the order in December.
The justices declined to do so then, and again on Thursday said the court will not hear the case.
In December, Gorsuch, Thomas and Alito dissented to that decision as well, with Gorsuch arguing in a 14-page dissent that it violates the First Amendment.
The AMA and the Medical Society of the State of New York released a joint-statement in September voicing support for the state’s vaccine mandate, writing that “the path to ending the pandemic must be based on science, and vaccination is an indispensable part of the solution.”
In Thursday’s decision, Thomas wrote for the dissenting justices that the healthcare workers were “ordered to choose between their jobs and their faith,” and since the court declined to block the mandate in December, every petitioner except one “has been fired, forced to resign, lost admitting privileges, or been coerced into a vaccination,” he wrote.
He also wrote that three federal appeals courts and one state supreme court agreed the mandate is not neutral or generally applicable, while the 2nd U.S. Circuit Court of Appeals and three other federal appeals courts have disagreed.
“This split is widespread, entrenched, and worth addressing,” Thomas wrote.
The court also previously refused to grant relief to healthcare workers in Maine for a similar state requirement and others at Mass General Brigham in Boston challenging that health systems’ mandate based on religious exemptions.
From CMS: Newly Updated Coverage to Care Resources Now Available!
Understanding health coverage can be confusing, but the Coverage to Care (C2C) initiative is making it easier. The Centers for Medicare & Medicaid Services Office of Minority Health (CMS OMH) released newly updated C2C resources to help those consumers you serve understand their health coverage and to get health care services they need.
The following resources are now available on the C2C website:
- Roadmap to Better Care – Explains what health coverage is and how to use it to get primary care and preventive services. (English | Spanish)
- Roadmap to Behavioral Health – A companion guide for mental health and substance use service, to be used in conjunction with the Roadmap to Better Care. (English | Spanish)
- Getting the Care You Need: Guide for People with Disabilities – Provides information to ensure that people with disabilities understand their rights so that they receive equal access to quality health care services. (English | Spanish)
- Chronic Care Management (CCM) Resources – Discusses the benefits of CCM for patients with multiple chronic conditions and provides health care professionals with resources to implement CCM into their practices.
- Managing Diabetes: Coverage & Resources – Includes tips to help patients manage diabetes, as well as information on Marketplace and Medicare coverage. (English | Spanish)
- Preventive Services Flyers – Use these flyers to take advantage of services available at no cost under most health coverage.
- Prevention: Put Your Health First Tabloid – Use this infographic to learn more about how to put your health first. (English | Spanish)
- My Health Coverage at-a-Glance – Shows how to keep track of health plan information and payment in a customizable format. (English | Spanish)
C2C will release these resources in additional languages (Arabic, Chinese, Haitian Creole, Korean, Russian, and Vietnamese) later this summer, so we encourage you to continue to visit go.cms.gov/c2c and sign up for our listserv to be sure to receive any updates.
Health literacy is an essential part of health equity. To learn more about health equity related initiatives, visit CMS OMH at go.cms.gov/omh or the C2C initiative at go.cms.gov/c2c.
CMS OMH Celebrates Disability Pride Month and the 32nd Anniversary of the Americans with Disability Act
During July, the Centers for Medicare & Medicaid Services Office of Minority Health (CMS OMH) observes Disability Pride Month and the 32nd anniversary of the Americans with Disabilities Act (ADA). Enacted on July 26, 1990, the ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.
61 million adults in the United States have some type of disability, with the most prominent disabilities being mobility; followed by cognition meaning having serious difficulty concentrating, remembering, or making decisions; independent living; hearing; vision; and self-care. As individuals continue to learn about the effects of long-term COVID-19, or “long COVID,” multiple sections of the ADA have also been updated to protect those with long COVID from discrimination.
American Indian/Alaskan Native and Black individuals have the highest rates of individuals living with a disability. Individuals living with disabilities face poorer overall health outcomes, including increased likelihood of obesity (38.2%), heart disease (11.5%), and diabetes (16.3%). Individuals living with disabilities are also less likely to have access to adequate health care, with 1 in 3 individuals living with a disability not having access to a usual health care provider and having an unmet health care need due to high costs.
CMS OMH is focused on ensuring people with disabilities have access to quality health care services and information. The anniversary of the ADA offers us an opportunity to reaffirm this commitment and share resources that you can use to help empower individuals living with intellectual and developmental disabilities.
Resources
- Visit CMS OMH’s Improving Access to Care for People with Disabilities webpage to find tools and resources that can help you improve services and help patients understand their rights.
- Just updated! Getting the Care You Need: Guide for People with Disabilities is a consumer facing resource has now been updated in English and Spanish and is included in the Coverage to Care resources. This resource will be available in additional languages soon.
- Review the Autism Spectrum Disorder (ASD) Disparities in Medicare Fee-For-Service Beneficiaries data snapshot to learn more about racial and geographic ASD disparities among those with Medicare.
- Download the Improving Health Care for People with Disabilities issue brief, which outlines data sources that health care organizations and researchers can use to better understand the impact that social determinants of health have on people with disabilities.
- Download the How to Improve Physical Accessibility at Your Health Care Facility resource which helps health care providers, staff, and administrators in a variety of outpatient settings improve the accessibility of their health care facility.
- Review the How Does Disability Affect Access to Health Care for Non-Dual Eligible Beneficiaries? data highlight, which examines access and utilization among adults with Medicaid who are not dually eligible for Medicare and who reported difficulty accessing needed health care.
- Download the Disability Access in COVID-19 Vaccine Distribution Fact Sheet and HHS Office of Civil Rights Guidance on Federal Legal Standards Prohibiting Disability Discrimination in COVID-19 Vaccination Programs for more information and resources about providing equitable COVID-19 vaccine access for individuals living with disabilities.
Pennsylvania’s EBT Program Continues to Serve as Lifeline for Children, Families Affected by School Closures During Pandemic
Certain families who are eligible for Pennsylvania’s Pandemic Electronic Benefits Transfer (P-EBT) program retroactively for the 2021-2022 school year due to COVID-19-related absences have begun to receive benefits.
P-EBT, developed by Congress and funded through the United States Department of Agriculture (USDA), helps families cover the cost of breakfasts and lunches their children would have been eligible to receive for free or at reduced price through the National School Lunch Program (NSLP).
Once believed to be a short-term program, P-EBT has now transformed into a longer-term federal response to the national public health crisis. We first saw P-EBT in Pennsylvania in the spring of 2020. The program was re-authorized last year to cover the entire 2020-21 school year. A new round of P-EBT has been approved for Pennsylvania for the 2021-2022 school year by the USDA Food and Nutrition Service (FNS).
Receiving P-EBT does not affect immigration status or eligibility for other DHS benefits such as the Supplemental Nutrition Assistance Program (SNAP) or Medicaid (Medical Assistance, or MA, in Pennsylvania).
Learn more about P-EBT in Pennsylvania at dhs.pa.gov/P-EBT
P-EBT Parent Portal
Haven’t received your card or need a replacement?
The new P-EBT Parent Portal allows parents to check their child’s eligibility for benefits based on information that schools have submitted for the 2021-2022 school year and begin the automated process for requesting P-EBT cards. Families with eligible children will also be able to request a replacement through the portal.
Check Eligibility Using the P-EBT Parent Portal
1. Who is eligible for P-EBT?
For the 2021-2022 school year, school children who receive free or reduced-price school meals through NSLP are potentially eligible for these P-EBT benefits. P-EBT-eligible students will receive a benefit based on the number of days they were absent from the classroom due to COVID-19 if:
- The child’s school was closed or had reduced hours for at least five (5) consecutive days due to COVID-19; and
- The student was absent from the classroom due to COVID-19.
P-EBT eligibility is based on data provided by schools. If the school indicates that the school did not meet the program’s school closure or absence criteria, or the child did not have excused absences related to COVID-19, P-EBT cannot be issued.
2. Applying for NSLP
Families of students who entered kindergarten in Fall 2021 or entered a different school district for the 2021-2022 school year can fill out an application for free or reduced-price school meals by visiting your school district’s website or by applying through COMPASS.
P-EBT Benefits Basics
1. When will I receive my benefits?
Eligible students will receive P-EBT benefits distribution in several stages:
- First Stage: June/July 2022 — Currently being issued; provides benefits to students who were eligible between September 2021 and November 2021.
- Second Stage: Mid- to late July — The second stage will provide benefits to students who were eligible between December 2021 and February 2022.
- Third Stage: Mid- to late-August: The third stage will provide benefits to students who were eligible between March and May 2022.
If a student does not receive a benefit in the first stage, it does not mean that they will not receive a benefit in further stages. Students who receive P-EBT benefits in the first stage do not make up the total number of students who are potentially eligible for P-EBT.
2. How will I receive my benefits?
The Department of Human Services (DHS) will be loading the student’s 2021-2022 benefits onto current P-EBT cards. Families who have previously received and activated P-EBT cards should keep them as DHS will be reusing these cards, if possible, based on the information the schools submitted. Parents who have a standard EBT card for other benefits such as SNAP and cash assistance and have children who were deemed eligible for P-EBT will have their P-EBT benefits loaded to their EBT card, if possible.
3. How much will I receive?
The benefit amount for each eligible student for each stage will vary based on the individual student’s circumstances. The maximum daily rate for P-EBT during the 2021-22 school year is $7.10.
Families can use their P-EBT benefits to purchase almost any unprepared food item in participating grocery stores or food markets that accept EBT, and the program follows the same rules as SNAP for eligible purchases.
P-EBT Questions & Assistance
Families needing further assistance, seeking answers to questions about P-EBT eligibility, or needing to report an issue have multiple ways of contacting DHS:
- Online P-EBT Frequently Asked Questions: DHS P-EBT Guide
- Submit an Online Inquiry: DHS P-EBT Inquiry Form
- Eligibility & Card Assistance: P-EBT Parent Portal
- Call the P-EBT Hotline: 484-363-2137
Please fill out as much information as possible on the above forms, as this will help DHS to research an issue and try to resolve it.
Expanding Access to Emergency Care Services in Rural Communities
As part of the Biden-Harris Administration’s ongoing effort to strengthen rural health, the Centers for Medicare & Medicaid Services (CMS) is releasing a new proposed rule protecting access to emergency care and additional outpatient services for people in rural communities. CMS is establishing the Conditions of Participation (CoPs) for Rural Emergency Hospitals (REHs). The proposed rule will allow small rural hospitals to seek this new health care provider designation and provide continued access to emergency services, observation care, and additional medical and outpatient services. In accordance with the statutory legislation, REHs will be eligible to receive payment for services provided on or after January 1, 2023. This is a significant step in building on the Administration’s efforts to reduce health care disparities and maintain access to services in rural communities.
Rural communities represent a fifth of the U.S. population, and the Department of Health and Human Services (HHS) is committed to improving health outcomes and promoting health equity in rural America. Since 2010, 138 rural hospitals have closed — with a record-breaking 19 hospitals closing in 2020 alone. These closures occur disproportionately within communities with a higher proportion of people of color and communities with higher poverty rates. Rural communities experience shorter life expectancy, higher mortality, and have fewer local health care providers, leading to worse health outcomes than in other communities. Rural hospital closures deprive people living in rural areas of crucial services, including access to emergency care.
“The availability of the new Rural Emergency Hospital provider type will maintain access to essential health care services and help to reduce disparities in rural communities,” said CMS Administrator Chiquita Brooks-LaSure. “CMS is committed to advancing health equity, driving high-quality person-centered care, and promoting the sustainability of our programs. Today’s action to strengthen rural health furthers our goal of ensuring everyone served by our programs the has access to quality, affordable health care.”
To address these concerns, CMS is implementing a new Medicare provider designation called REHs, which will provide an opportunity for small rural hospitals and CAHs to right-size their service footprint and avoid potential closure so they can continue to provide essential services for their communities. The REH provider type was established by the Consolidated Appropriations Act of 2021 to address the growing concern over closures of rural hospitals.
Allowing providers to take advantage of the new designation will ensure that people in rural communities will be able to receive critical outpatient services, including emergency, maternal health, behavioral health, and substance use disorder services.
Today’s action takes steps to ensure the health and safety of all patients, while accounting for the access and quality of care needs of rural communities. In addition, the proposed rule includes several updates for CAHs. Specifically, CMS is proposing to add a definition of “primary roads” to the current location and distance requirements, which is used to determine if facilities qualify as CAHs. The proposed rule also contains proposals allowing CAHs that are a part of a larger health system (containing other hospitals and/or CAHs) to unify and integrate their infection control and prevention and antibiotic stewardship programs, medical staff, and quality assessment and performance improvement programs (known as QAPI) to ensure consistent and safe care. Finally, and importantly, CMS is proposing to establish a patient’s rights Condition of Participation for CAHs to provide for clear requirements for the protection and promotion patient’s rights.
The release of this proposed rule, which is a result of multiple engagements with stakeholders and a Request for Information (RFI), is the first step in the implementation of this new provider type. CMS anticipates including further discussion on important aspects for REHs, such as Medicare enrollment, payment, quality reporting, and more in the upcoming Calendar Year 2023 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System Proposed Rule. Stakeholders are encouraged to review both proposed rules, as applicable, and submit formal comment by each respective deadline. All feedback will be taken into consideration as CMS develops its final, comprehensive policies for REHs later this year. For today’s rule, the comment period closes on August 29, 2022.
For more information on the Rural Emergency Hospital and Critical Access Hospital Conditions of Participation, visit: https://www.federalregister.gov/public-inspection/current
To read the Fact Sheet on the Rural Emergency Hospital and Critical Access Hospital Conditions of Participation, visit: https://www.cms.gov/newsroom/fact-sheets/conditions-participation-rural-emergency-hospitals-and-critical-access-hospital-cop-updates-cms-3419
To read the Fact Sheet on HHS actions to strengthen rural health, click here: https://www.hhs.gov/sites/default/files/rural-health-fact-sheet.pdf