Rural Health Information Hub Latest News

PBM Reform Bill Boosting FTC Powers Takes a Step Forward

Legislation aimed at curbing several pharmacy benefit manager (PBM) practices such as spread pricing cleared a key obstacle to passage in the Senate last week. The Senate Committee on Commerce advanced 19-9 the Pharmacy Benefit Manager Transparency Act on Wednesday to the full Senate. The package is the latest bid by Congress and the federal government to ramp up scrutiny of the industry. “Pharmacy benefit managers [are] a middleman in the drug pricing supply chain,” said Sen. Maria Cantwell, D-Washington, the lead sponsor of the legislation alongside Sen. Chuck Grassley, R-Iowa. “Today, three PBMs control 80% of the prescription drug market, operating out of the view of regulators and consumers.” The legislation would prohibit several PBM practices such as reducing or clawing back reimbursement payments to pharmacies and charging pharmacies more to offset federal reimbursements. It would also prohibit the use of spread pricing, wherein a PBM will reimburse pharmacies at one price for a product and the health plan for another.

Pennsylvania House Moves to Legalize Fentanyl Test Strips

Drug overdose deaths have risen sharply in Pennsylvania in recent years, and the General Assembly is taking harm-reduction efforts more seriously than in the past. Last week, the House unanimously passed a bill, HB1393, that would legalize fentanyl test strips for personal use so drug users could know the purity of their substances. The strips are currently classified as drug paraphernalia and illegal. Pennsylvania is third in the nation for overdose drug deaths, with 5,360 people dying in 2021. A report from the attorney general’s office blames the increase in overdose death rates on fentanyl displacing heroin in the commonwealth’s drug supply. The report called for legalizing test strips as well as more treatment programs. The bill awaits further action in the Senate.

HHS Announces Programs to Join President Biden’s Justice40 Initiative

President Biden created the Justice40 Initiative to ensure that federal agencies deliver 40 percent of the overall benefits of climate, clean energy, affordable and sustainable housing, clean water, and other investments to disadvantaged communities. In total, hundreds of federal programs, representing billions of dollars in annual investment, are being utilized to maximize benefits to disadvantaged communities through the Justice40 Initiative.

After starting implementation on two Justice40 pilot programs at HHS, HHS is proud to prioritize 13 programs to include in the Justice40 Initiative that will help communities find relief from pollution and climate-related events impacting people’s health.

“Our communities have suffered long enough. It’s time to help get them the relief they need. No one should have to suffer adverse health effects as a result of where they work or live. The Justice40 Initiative puts communities and people first, investing in them so they not only survive, but thrive,” said HHS Secretary Xavier Becerra.

“Ranging from worker training programs to assistance for energy and water costs, these programs aim to ensure no one is left behind as we work to advance health equity for all people living in the United States,” said Assistant Secretary for Health Admiral Rachel Levine.

“Having grown up in a chemical exposures corridor in Houston, Texas, seeing the Administration’s commitment to environmental justice gives me hope for our community, and the many like it across our nation. It’s only through actions like the Justice40 Initiative that we will be able to make a difference for the communities we serve,” said the HHS Office of Environmental Justice Interim Director Dr. Sharunda Buchanan.

Covered Programs List for HHS

The Environmental Career Worker Training Program (ECWTP) focuses on delivering comprehensive training to increase the number of disadvantaged and underrepresented workers in areas such as environmental restoration, construction, hazardous materials/waste handling, and emergency response. Since 1995, the ECWTP has provided pre-employment and health and safety training to thousands of people from underserved communities nationwide.

The Low Income Home Energy Assistance Program (LIHEAP) helps keep households safe and healthy through initiatives that assist households with energy costs. LIHEAP provides federally funded assistance in managing costs associated with home energy bills, energy crises, weatherization, and energy-related minor home repairs. LIHEAP can help you stay warm in the winter and cool in the summer through programs that reduce the risk of health and safety problems that arise from unsafe heating and cooling practices.

The Sanitation Facilities Construction (SFC) Program is responsible for the delivery of environmental engineering services and sanitation facilities to American Indians and Alaska Natives. The SFC Program provides American Indian and Alaska Native homes and communities with essential water supply, sewage disposal, and solid waste disposal facilities. Indian Health Service (IHS) environmental engineers plan, design, and manage most SFC projects; many of those engineers are assigned to one of the twelve IHS Area Offices.

Low Income Household Water Assistance Program (LIHWAP) provides funds to assist low-income households with paying past due bills and rates charged to the household for drinking water and wastewater services. LIHWAP benefits target households with low incomes that have the highest home water burdens, meaning they pay the greatest amount of their income towards home drinking water and/or wastewater services. LIHWAP grants are available to States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Territories, and Federally and state-recognized Indian Tribes and tribal organizations that received fiscal year 2021 Low Income Home Energy Assistance Program (LIHEAP) grants.

The purpose of the Community Services Block Grant (CSBG) is to provide assistance to states, territories, tribes, and local communities, working through a network of community action agencies and other neighborhood-based organizations, for the reduction of poverty, the revitalization of low-income communities, and the empowerment of low-income families and individuals in rural and urban areas to become fully self-sufficient. The CSBG is designed to help low-income individuals and families: secure and retain meaningful employment; attain an adequate education; improve the use of available income; obtain adequate housing; obtain emergency assistance, including health and nutrition services; remove obstacles which block the achievement of self-sufficiency; and achieve greater participation in the affairs of the community.

Community Economic Development (CED) is a federal grant program funding Community Development Corporations (CDCs) that address the economic needs of low-income individuals and families through the creation of sustainable business development and employment opportunities. CED awards funds to private, non-profit organizations that are CDCs, including faith-based organizations and Tribal and Alaskan Native organizations that are a private, non-profit CDC, experienced in developing and managing economic development projects. CED-funded projects create or expand businesses, create new jobs for individuals with low incomes, and leverage funding investments in communities.

Rural Community Development (RCD) is a federal grant program that works with multi-state, regional, private, non-profit 501(c)(3) tax-exempt organizations and tribal organizations to manage safe water systems in rural communities. RCD funds are used to provide training and technical assistance to increase access for families with low incomes to water supply and waste disposal services; preserve affordable water and waste disposal services in low-income rural communities; increase local capacity and expertise to establish and maintain needed community facilities; increase economic opportunities for low-income rural communities by ensuring they have basic water and sanitation; utilize technical assistance to leverage additional public and private resources; and promote improved coordination of federal, state, and local agencies and financing programs to benefit low-income communities.

CDC’s Climate-Ready States and Cities Initiative (CRSCI) is helping grant recipients from 11 jurisdictions use the five-step Building Resilience Against Climate Effects (BRACE) framework to identify likely climate impacts in their communities, potential health effects associated with these impacts, and their most at-risk populations and locations. The BRACE framework then helps grant recipients develop and implement health adaptation plans and address gaps in critical public health functions and services.

The Pediatric Environmental Health Specialty Units (PEHSUs) are a national network of clinical environmental health specialists that work with health care providers, parents, schools, community groups, government officials, and policy makers to provide medical advice on exposure to hazardous substances in the environment affecting reproductive and children’s health. The PEHSUs continue to expand their reach and increase their impact, reaching more than 36,000 community members and health professionals in 2019.

The former Division of Toxicology and Human Health Sciences, now called the Office of Community Health and Hazard Assessment, integrates epidemiology, environmental medicine, and toxicology. This includes investigating the relationships between exposures to hazardous substances and adverse health effects.

APPLETREE stands for ATSDR’s Partnership to Promote Local Efforts to Reduce Environmental Exposure. The Program funds 28 partner organizations. The Cooperative Agreement Program’s primary goal is to give partners the resources to build their capacity to assess and respond to site-specific issues involving human exposure to hazardous substances in the environment.

In response to the Flint water crisis, Congress authorized funding, through the Water Infrastructure Improvements for the Nation (WIIN) Act of 2016, for CDC to establish a voluntary Flint lead exposure registry. The goals of the registry are to support the City of Flint and the State of Michigan to identify eligible participants and ensure robust registry data; monitor health, child development, service utilization, and ongoing lead exposure; improve service delivery to lead-exposed individuals; and coordinate with other community and federally funded programs in Flint.

The Federal Real Property Assistance Program is a public benefit conveyance program whereby certain Federal surplus real property may be transferred to eligible organizations for public health and homeless assistance purposes, at a discount or no cost. Federal surplus real property may include land, buildings, fixtures, and equipment situated thereon. Approved uses include homeless shelters, transitional housing, permanent housing with and without supportive services, hospitals, clinics, research facilities, water systems, etc.

HHS is continuing to work on the benefits methodologies and stakeholder engagement plans for these 13 Justice40 covered programs to help maximize the support to disadvantaged communities.

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

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:

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