In the News

Telehealth Gets Short Extension, Physician Pay is Cut in Spending Bill

Healthcare Finance / By Susan Morse

President Joe Biden on Saturday signed a spending bill that averts a government shutdown, but some healthcare provisions that were in the original bill didn't make it to final passage.

Acute hospital-care-at-home and telehealth temporary waivers were continued, but were not given the long-term extensions that were included in a Dec. 18 bipartisan resolution. Both received short-term extensions until March 31.

The original bill extended telehealth for two years and acute hospital care at home by five years.

Stripped out of the bill is a provision to prevent the Medicare pay cut to physicians. This means physicians get a 2.8% Medicare payment cut on January 1, 2025...

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OASIS-E1 Manual Finalized

The Alliance / By Katie Wehri

CMS posted the final OMB-approved OASIS-E1 time points Instruments, effective 1/1/2025, are now available in a zip file in the Downloads section of the OASIS Data Sets webpage.  The Agency has also reposted the final OASIS-E1 Manual effective 1/1/2025. Alliance staff are in the process of reviewing the materials.

A change table OASIS-E1 Instruments March 2024 – December 2024 Changes, also available in the Downloads section of the OASIS Data Sets webpage, lists minor corrections from the draft to final versions. The final OASIS-E1 All Items instrument will be posted when available.

 

2024 in Review and What to Expect in 2025

SESCO Management Consultants

2024 In Review

  • The Fair Labor Standards Act and the White-Collar Exemptions. In April, the U.S. Department of Labor (DOL) issued a rule aimed at raising the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). In November, a federal judge in Texas struck down the DOL's proposed rule on a nationwide basis. As a result, the salary thresholds reverted to the 2019 rule, resetting the White-Collar Exemptions to $35,568 per year.
  • The Federal Trade Commission and Non-Compete Agreements. In May, the Federal Trade Commission (FTC) promulgated a rule that effectively banned non-compete agreements and required employers not to enforce them, which was supposed to take effect in September 2024. The National Labor Relations Board also stated its intent to join the FTC's efforts to curb the use of non-compete agreements. The FTC's rule came under fire in federal litigation and has been blocked.
  • Equal Employment Opportunity Commission Guidance on the Pregnant Workers Fairness Act. The Pregnant Workers Fairness Act (PWFA) offers protections for pregnant employees, including requiring employers to provide workplace accommodations. In April, the Equal Employment Opportunity Commission (EEOC) published final interpretative guidance and regulations implementing the PWFA, which became effective in June. According to the EEOC, accommodations may be available for the temporary inability to perform an essential job function if the employee is expected to be able to perform the function at a to-be-determined time in the future. Moreover, a qualifying medical condition under the PWFA doesn't have to be solely caused by pregnancy and childbirth and can include conditions such as lactation, vomiting, abortion, and pre-eclampsia. This rule survived an initial federal challenge by a coalition of state attorneys general earlier this year.
  • Hourly Earnings. Real average hourly earnings for all employees were unchanged from October to November; this result stems from an increase of 0.4 percent in average hourly earnings combined with an increase of 0.3 percent in the Consumer Price Index (CPI). Real average hourly earnings increased 1.3 percent from November 2023 to November 2024.

What to Expect in 2025

  • AI Legislation on the Rise. As 2025 approaches, the legal landscape for employer use of artificial intelligence (“A.”) is poised for further evolution. In 2024 alone, over 400 AI-related bills were introduced across 41 states—a substantial increase from prior years. While Congress has yet to take decisive action, the trends from 2024 suggest a continued rise in state-led AI policies and federal agency guidance in 2025.
  • NLRB Poised to Switch to Republican Majority in Early 2025. It is likely there will be changes at the National Labor Relations Board (NLRB or Board). President-Elect Trump likely will remove Jennifer Abruzzo from her position as the NLRB’s current General Counsel. President-Elect Trump will have the opportunity to fill two open Member slots on the Board after his inauguration. While we can safely assume the new Republican Board and General Counsel will unwind many of the Biden Administration-era NLRB’s more controversial decisions, including its notable decisions which changed the standard for review of employer rules and policies, and which concocted a union-friendly procedure for recognition without any election – the timing of such is uncertain.
 

Three Major Health Care Policy Issues to Watch in 2025

Stat News / By John Wilkerson

WASHINGTON — Health care did not play a big role in the election that’s sending President Trump back to the White House and giving Republicans control of Congress. That doesn’t mean Congress will avoid the topic next year.

Trump mostly avoided talking about health care during his 2024 campaign, a contrast from 2016, when he ran on the promise of repealing and replacing the Affordable Care Act. But he did promise to “not cut one penny” from Medicare, and he said he’d give prominent vaccine critic Robert F. Kennedy Jr., now his pick to run the Department of Health and Human Services, broad rein to reshape health care. 

However, Trump did promise to extend individual tax cuts that Republicans passed in 2017 and that are set to expire at the end of next year. He also wants to further cut corporate tax rates. 

That tax plan would significantly increase the already ballooning deficit, so Republicans will likely need to rely on health care policy changes to help offset it, according to three former government health care officials, all of whom ran the agency overseeing Medicare and Medicaid. 

“It was not a health care election,” said Nancy-Ann Min DeParle, who ran the Obama White House Office of Health Reform. “But no, health care will not take a back seat.”

DeParle, Mark McClellan, and Tom Scully spoke at an American Bar Association conference on Dec. 9. Here are the major policy issues they expect to surface next year. 

Medicaid cuts

DeParle predicted that Republicans will target Medicaid for cuts because Trump has promised not to cut spending for Medicare, Social Security, and defense,leaving Medicaid as one of the only big programs to pay for tax cuts. DeParle ran Medicare during the Clinton administration and is now a partner at the private equity firm Consonance Capital Partners, which she cofounded.

Medicaid is especially vulnerable because Republicans control the White House and both chambers of Congress. That enables them to avoid the Senate filibuster by using a budget process that requires only a simple majority to pass. 

Federal Medicaid spending increased significantly under the Biden administration as enrollment in the health insurance program for the poor swelled, thanks to pandemic-era legislation that prohibited states from disenrolling people. Enrollment began falling after states were allowed to trim their rolls last year. 

Republicans are expected to pursue policies, such as work requirements and capped Medicaid funding levels, that could further reduce enrollment

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Home-Based Care Providers, Advocates React To Passage Of Elizabeth Dole Act

Home Health Care News / By Audrie Martin
 
On Dec. 13, the U.S. Senate unanimously approved an amended version of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act. This landmark legislation includes various measures to make home care more accessible to veterans. The bill is now awaiting President Biden’s signature to become law.

For almost two years, the Elizabeth Dole Foundation has worked with a coalition of organizations to promote this bipartisan package of legislation.

“Our leaders in Congress have shown that America can still come together to support those who have served our nation and their families,” Elizabeth Dole Foundation CEO Steve Schwab said in a statement. “This bill was not only passed with broad bipartisan support, but it is also the most comprehensive veterans’ legislation this Congress has passed. It includes significant, far-reaching benefits and reforms that will be transformative for the wider veterans’ community and essential in helping our nation’s military and veteran caregivers succeed.”

The Foundation ensured that caregivers and their families were prioritized in the legislation, which includes more than 90 sections addressing issues such as long-term care, mental health resources, education, job training and modernization of the Department of Veteran’s Affairs (VA). The Elizabeth Dole Home Care Act, a bill within the larger package, will allow severely ill and aging veterans to recover at home by increasing their caregivers’ access to support services…

 …In addition to comprehensive updates focusing on mental and behavioral health support, education and training programs, and benefit reforms, the act includes essential long-term care provisions that would establish a pilot program through the VA to offer assisted living options for aging and disabled veterans.

Currently, the VA can only allocate 65% of the cost of providing nursing home care to a veteran on home- and community-based care. This bill permits the VA to increase spending on this type of care.

The bill would require the Undersecretary of Health to review each program administered by the Office of Geriatric and Extended Care and the Caregiver Support Program Office to ensure consistency in program management, eliminate service gaps at medical centers and ensure proper coordination…

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