Regulatory Roundup 2.0

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Date Published:
November 29, 2022
Reference Number:
RIN: 0945-AA16
Agency:
Department of Health and Human Services
Date Final/Due:
Feb. 1, 2023
Proposed rule: Confidentiality of Substance Use Disorder (SUD) Patient Records

The proposed rule makes it make it easier for providers to share patients’ substance use disorder treatment records. Currently, a stricter regulatory regime protects the privacy of substance use disorder treatment records than that of standard medical records governed by the health privacy law known as HIPAA. Patients usually have to consent each time substance use records are shared. Under the proposal, providers would only need to get a patient’s consent one time to share substance use records.

LeadingAge Actions: Reviewing

Date Published:
November 02, 2022
Reference Number:
RIN 0938-AU77
Agency:
Centers for Medicare and Medicaid Services (CMS)
Date Final/Due:
Nov. 4, 2022
Final rule: Calendar Year (CY) 2023 Home Health Prospective Payment System Rate Update; Home Health Quality Reporting Program Requirements; Home Health Value-Based Purchasing Expanded Model Requirements; and Home Infusion Therapy Services Requirements

This final rule sets forth routine updates to the Medicare home health payment rates for calendar year (CY) 2023 in accordance with existing statutory and regulatory requirements. This final rule also finalizes a methodology for determining the impact of the difference between assumed versus actual behavior change on estimated aggregate expenditures for home health payments as result of the change in the unit of payment to 30 days and the implementation of the Patient Driven Groupings Model (PDGM) case-mix adjustment methodology and finalizes a corresponding permanent prospective adjustment to the CY 2023 home health payment rate.

LeadingAge Actions: Monitoring

Date Published:
September 27, 2022
Reference Number:
Docket No. FR-6350-N-01
Agency:
Department of Housing and Urban Development (HUD)
Date Final/Due:
Oct. 27, 2022
Request for Information: Green and Resilient Retrofit Program: Request for Information

This RFI from HUD is seeking feedback on its new Green and Resilient Retrofit grant program for multifamily assisted housing. In response to the passage of the Inflation Reduction Act of 2022, HUD is designing the new $1 billion GRRP program and expects to make multiple rounds of funding available to support energy, and water efficiency retrofits and climate resilience for HUD-assisted multifamily properties. Through this RFI, HUD is seeking input on funding rounds as well as on utility benchmarking. Information provided in response to this RFI will inform prioritization of work, treatment of cost-benefit analyses, and key design elements that will help ensure program goals are met.

LeadingAge Actions: Monitoring

Date Published:
September 09, 2022
Reference Number:
RIN 1615-AC74
Agency:
Department of Homeland Security
Date Final/Due:
*Effective 15-Dec-2022
Final rule: Public Charge Ground of Inadmissibility

This final rule is applicable to noncitizens who receive or wish to apply for benefits provided by the U.S. Department of Health and Human Services (HHS) and States that support low-income families and adults. The rule provides details on how DHS will interpret the “public charge” ground of inadmissibility, help ensure that noncitizens can access health-related benefits and other supplemental government services to which they are entitled by law without triggering harmful immigration consequences. By codifying in regulation the “totality of the circumstances” approach that is authorized by statute and which has long been utilized by DHS, the rule makes it clear that individual factors, such as a person’s disability or use of benefits alone will not lead to a public charge determination.

LeadingAge Actions: Monitoring

Date Published:
September 07, 2022
Reference Number:
0938-AU00
Agency:
Centers for Medicare & Medicaid Services
Date Final/Due:
7-Nov-2022
Proposed rule: Streamlining Eligibility & Enrollment

The proposed rule includes several provisions aimed at simplifying the enrollment process and maintaining coverage for eligible older adults dually enrolled in Medicare and Medicaid, and that helps more older adults pay their Medicare premiums by making it easier for them to enroll in Medicare Savings Programs. The proposed changes allow individuals to project HCBS costs for medically needy income eligibility.

LeadingAge Actions: Reviewing

Date Published:
August 04, 2022
Reference Number:
Docket ID: HHS-OS-2022-0012
Agency:
Centers for Medicare & Medicaid Services
Date Final/Due:
3-Oct-2022
Proposed rule: Nondiscrimination in Health Programs and Activities

In this proposed rule, the Department seeks largely to restore the 2016 regulation concerning the protection of individuals from discrimination in health care. In our comment letter, LeadingAge notes our support of the broad policy goals of the rule but identifies questions and concerns about certain practical and operational aspects of the proposal.

LeadingAge Actions: Commented

Date Published:
August 03, 2022
Reference Number:
RIN 0938-AU76
Agency:
Centers for Medicare & Medicaid Services
Date Final/Due:
*Effective 1-Oct-2022
Final rule: Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Quality Reporting Program and Value-Based Purchasing Program for Federal Fiscal Year 2023; Changes to the Requirements for the Director of Food and Nutrition Services and Physical Environment Requirements in Long-Term Care Facilities

This final rule updates payment rates; forecast error adjustments; diagnosis code mappings; the Patient Driven Payment Model (PDPM) parity adjustment; the SNF Quality Reporting Program (QRP); and the SNF Value-Based Purchasing (VBP) Program. It also establishes a permanent cap policy to smooth the impact of year-to-year changes in SNF payments related to changes in the SNF wage index.

LeadingAge Actions: Monitoring

Date Published:
August 01, 2022
Reference Number:
RIN 0938-AV01
Agency:
Centers for Medicare & Medicaid Services
Date Final/Due:
30-Aug-2022
Request for Information: Medicare Advantage program

This request for information seeks input from the public regarding various aspects of the Medicare Advantage program.

LeadingAge Actions: Commented

Date Published:
July 29, 2022
Reference Number:
RIN 0938-AU83
Agency:
Centers for Medicare & Medicaid Services (CMS)
Date Final/Due:
*Effective 1-Oct-2022
Final rule: Medicare Program; FY 2023 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements

This rule finalizes the hospice payment update percentage for FY2023 at 3.8% instead of the originally proposed 2.7%. The rule also finalized the 5% cap on wage index increases. The Final FY2023 Routine Home Care (days 1-60) rate will increase from $203.40 to $211.34. The Final FY2023 Routine Home Care (day 61+) rate will increase from $160.74 to $167.00

LeadingAge Actions: Monitoring

Date Published:
July 29, 2022
Reference Number:
RIN 0938-AU81
Agency:
Centers for Medicare & Medicaid Services (CMS)
Date Final/Due:
28-Sep- 2022
Proposed rule:Medicare and Medicaid Programs; CY 2023 Payment Policies under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicare and Medicaid Provider Enrollment Policies, Including for Skilled Nursing Facilities; Conditions of Payment for Suppliers of Durable Medicaid Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS); and Implementing Requirements for Manufacturers of Certain Single-dose Container or Single-use Package Drugs to Provide Refunds with Respect to Discarded Amounts

This major proposed rule addresses: changes to the physician fee schedule (PFS); other changes to Medicare Part B payment policies to ensure that payment systems are updated to reflect changes in medical practice, the relative value of services, and changes in the statute; Medicare Shared Savings Program requirements; updates to the Quality Payment Program; Medicare coverage of opioid use disorder services furnished by opioid treatment programs; updates to certain Medicare and Medicaid provider enrollment policies, including for skilled nursing facilities; updates to conditions of payment for DMEPOS suppliers; HCPCS Level II coding and payment for wound care management products; electronic prescribing for controlled substances for a covered Part D drug under a prescription drug plan or an MA-PD plan under the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) .

LeadingAge Actions: Monitoring