Regulatory Roundup 2.0

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Date Published:
June 24, 2022
Agency:
Department of Veteran Affairs (VA)
Date Final/Due:
22-July-2022
Notice of Funding Availability: Supportive Services for Veteran Families Program

This NOFA will provide non-recurring 4-year awards designed to supplement existing services and financial assistance for existing rapid re-housing programs. This will support SSVF’s principal goal to provide support to those applicants who demonstrate the greatest capacity to end homelessness among veterans or sustain the gains made in ending homelessness among veterans, in communities that have already met U.S. Interagency Council on Homelessness (USICH) Federal Criteria and Benchmarks.

LeadingAge Actions: Monitoring

Date Published:
June 23, 2022
Reference Number:
RIN 0938-AU77
Agency:
Centers for Medicare & Medicaid Services (CMS)
Date Final/Due:
16-Aug-2022
Proposed rule: Calendar Year 2023 Home Health Prospective Payment System Rate Update; Home Health Quality Reporting Program Requirements;

This proposed rule has proposed a -4.2% aggregate decrease to CY 2023 home health payments, or -$810 million compared to CY 2022. This decrease reflects the effects of the proposed 2.9% home health payment update percentage ($560 million increase), an estimated 6.9% decrease that reflects the effects of the proposed perspective, permanent behavioral assumption adjustment of -7.69% ($1.33 billion decreases), and an estimated 0.2% decrease that reflects the effects of a proposed update to the fixed-dollar loss ratio (FDL) used in determining outlier payments ($40 million decreases).

LeadingAge Actions: Commented

Date Published:
May 23, 2022
Reference Number:
Docket No. FR-6326-N-01
Agency:
Department of Housing and Urban Development (HUD)
Date Final/Due:
*Effective May- 29-2022
Notice: Allocations for Community Development Block Grant Disaster Recovery and Implementation of the CDBG-DR Consolidated Waivers and Alternative Requirements

This Allocation Announcement Notice identifies grant requirements for community Development Block Grant Disaster Recovery (CDBG-DR) funds appropriated by the Disaster Relief Supplemental Appropriations Act.

LeadingAge Actions: Monitoring

Date Published:
May 16, 2022
Reference Number:
CMS-2444-F
Agency:
Centers for Medicare & Medicaid Services (CMS)
Date Final/Due:
*Effective June-16-2022
Final rule: Reassignment of Medicaid Provider Claims

This final rule reinterprets the scope of the general requirement that State payments for Medicaid services under a State plan must generally be made directly to the individual practitioner or institution providing services or to the beneficiary, in the case of a class of practitioners for which the Medicaid program is the primary source of revenue. Specifically, this final rule explicitly authorizes States to make payments to third parties on behalf of individual practitioners, for individual practitioners’ health insurance and welfare benefits, skills training, and other benefits customary for employees, if the individual practitioner consents to such payments on their behalf.

LeadingAge Actions: Monitoring

Date Published:
May 06, 2022
Reference Number:
RIN:0985-AA17
Agency:
Administration for Community Living (ACL)
Date Final/Due:
6-June-2022
Request for Information: Older Americans Act Regulations

This RFI seeks recommended changes, additions, or deletions to Code of Federal Regulation's section on Grants to State and Community Programs on Aging; Grants to Indian Tribes for Support and Nutrition Services; Grants for Supportive and Nutritional Services to Older Hawaiian Natives; and Allotments for Vulnerable Elder Rights Protection Activities, including Subpart A—State Long-Term Care Ombudsman Program.

LeadingAge Actions: Monitoring

Date Published:
April 15, 2022
Reference Number:
RIN 0938-AU76
Agency:
Centers for Medicare & Medicaid Services (CMS)
Date Final/Due:
10-June-2022
Proposed rule; request for comments: 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; Request for Information on Revising the Requirements for Long-Term Care Facilities to Establish Mandatory Minimum Staffing Levels

This proposed rule would update payment rates; forecast error adjustment; diagnosis code mappings; the Patient Driven Payment Model (PDPM) parity adjustment, the SNF Quality Reporting Program (QRP), SNF Value-Based Purchasing (VBP) Program. It also proposes to establish a permanent cap policy. This proposed rule also includes a request for information related to long-term care (LTC) facilities. CMS requests comments on these proposals as well as on related subjects and announces the application of a risk adjustment for the SNF Readmission Measure for COVID-19 beginning in FY 2023.

LeadingAge Actions: Commented

Date Published:
April 14, 2022
Reference Number:
RIN 0938-AT97
Agency:
Centers for Medicare & Medicaid Services (CMS)
Date Final/Due:
*Effective 11-June-2022
Final rule with comment period: Medicare Program; Maximum Out-of-Pocket (MOOP) Limits and Service Category Cost Sharing Standards

The final rule includes the maximum out-of-pocket (MOOP) limits for Medicare Parts A and B services and cost-sharing limits for Medicare Parts A and B services, including service category cost-sharing limits and per member per month actuarial equivalence cost-sharing. In addition, CMS is requesting comments in section III of this FC on new or different ways to update and change cost-sharing limits in future years for service categories subject to the regulations, including mental health services.

LeadingAge Actions: Monitoring

Date Published:
April 06, 2022
Reference Number:
RIN:0938-AU78
Agency:
Centers for Medicare & Medicaid Services (CMS)
Date Final/Due:
31-May-2022
Proposed rule: Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2023 and Updates to the IRF Quality Reporting Program

This rulemaking proposes updating the prospective payment rates for inpatient rehabilitation facilities (IRFs) for Federal fiscal year (FY) 2023.

LeadingAge Actions: Monitoring

Date Published:
April 04, 2022
Reference Number:
0938-AU83
Agency:
Centers for Medicare & Medicaid Services (CMS)
Date Final/Due:
31-May-2022
Proposed rule: Medicare Program; FY 2023 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements

This proposed rule proposes to establish a permanent mitigation policy to smooth the impact of year-to-year changes in hospice payments related to changes in the hospice wage index. This rule also proposes updates to the hospice wage index, payment rates, and aggregate cap amount for Fiscal Year (FY) 2023. In addition, this rule proposes updates to the Hospice Quality Reporting Program (HQRP) including the Hospice Outcomes and Patient Evaluation tool; an update on Quality Measures (QMs) that will be in effect in FY 2023 for the HQRP and future QMs; updates on the Consumer Assessment of Healthcare Providers and Systems, Hospice Survey Mode Experiment, discusses a request for information (RFI) on health equity.

LeadingAge Actions: Commented

Date Published:
March 30, 2022
Reference Number:
RIN:1218-AD40
Agency:
Occupational Safety and Health Administration (OSHA)
Date Final/Due:
31-May-2022
Proposed rule: Improve Tracking of Workplace Injuries and Illnesses

In this proposed rule OSHA is proposing to amend its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA proposes to amend its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year. Establishments with 20 or more employees in certain industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year.

LeadingAge Actions: Monitoring