The Centers for Medicare & Medicaid Services (CMS) is proposing to extend weekly National Healthcare Safety Network (NSHN) reporting for nursing homes. As they have done in the past, CMS has slipped reporting requirements into the Calendar Year (CY) 2025 Home Health Prospective Payment System (PPS) proposed rule that would modify nursing homes’ reporting requirements and extend reporting requirements indefinitely.

COVID data reporting through NHSN was first required of nursing homes in May 2020 through an interim final rule. Due to the nature of interim final rules, this requirement would have expired in May 2023; however, CMS took regulatory action through the CY 2022 Home Health PPS rule to extend requirements through December 31, 2024. In the CY 2025 Home Health PPS proposed rule, CMS is proposing to extend NHSN reporting requirements indefinitely as part of the Requirements of Participation with which all CMS-certified nursing homes must comply.

The rule also contains a modification of reporting requirements that would expand required elements to include data on influenza (flu) and respiratory syncytial virus (RSV). Beginning January 1, 2025, nursing homes would be required to report the following data elements:

• Facility census
• Resident vaccination status for respiratory illnesses including but not limited to COVID, flu, and RSV
• Confirmed resident cases of respiratory illness to include but not limited to COVID, flu, and RSV, reported as overall numbers and with breakdowns by vaccination status
• Hospitalized residents with confirmed respiratory illness to include but not limited to COVID, flu, and RSV, reported as overall numbers and with breakdowns by vaccination status

The rule also contains provisions that would allow CMS to require additional reporting in the future without notice and comment rulemaking should it be determined that an acute respiratory illness public health emergency is occurring or a significant threat of one exists.

This action is in direct contradiction of LeadingAge’s May 31 advocacy to significantly modify NHSN reporting. LeadingAge notes that the proposed requirements come only months after hospitals ceased COVID data reporting through NHSN and will duplicate existing requirements for both reporting of communicable diseases and reporting of resident immunization status.

As part of the CY 25 Home Health proposed rule, these provisions have a 60-day comment period during which LeadingAge will be submitting comments. Comments are due to the Federal Register by 5 p.m. ET on August 26, 2024.