[UPDATED] CMS Proposes Rule To Reduce Nursing Home And Health Care Burdens, Save $320M
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TL;DR

CMS has proposed a rule to reduce selected administrative requirements across 21 provider and supplier types, including nursing homes and intermediate care facilities. The agency estimates the changes would save $320 million and return more than 3.26 million staff hours, but the proposal is not final and some provider groups warn that removing payment reporting could weaken transparency.

The Centers for Medicare and Medicaid Services has proposed removing or revising selected administrative requirements for health care providers, including nursing homes and intermediate care facilities, in a rule the agency estimates would save $320 million and return more than 3.26 million staff hours across the health care system. The proposal, titled Cutting Administrative Requirements for Excellence in Patient Care (CARE), is not final; CMS is seeking public input on several provisions.

CMS said its proposal followed a review of regulations covering 21 provider and supplier types. For nursing facilities and intermediate care facilities for individuals with intellectual disabilities, the agency proposes eliminating three Medicaid payment transparency reporting requirements. The reporting covers the share of Medicaid payments allocated to direct-care worker compensation and support-staff compensation in nursing homes, as well as support-staff compensation in intermediate care facilities.

The rule would also revise some requirements tied to the COVID-19 public health emergency. CMS proposes aligning remaining nursing home resident vaccination requirements with those for other respiratory viruses and seeks comment on ending requirements to educate staff about COVID-19 vaccines, offer vaccines and document those actions. The proposal also includes allowing long-term care residents to opt out of having discharge notices sent to state ombudsman offices.

CMS is asking for feedback on whether physician assistants and nurse practitioners in long-term care facilities should be allowed to perform visits currently required to be conducted by physicians. The agency also seeks comments on potential future policies related to Medicaid institutional workforce shortages. The source report describes a proposal to remove National Healthcare Safety Network reporting requirements, but the full scope and exact provisions should be checked against CMS’s proposed rule and fact sheet.

At a glance
updateWhen: Proposed rule issued Thursday, November…
The developmentCMS issued a proposed rule to revise or remove selected health care regulations, including Medicaid payment reporting requirements for nursing facilities.

How Reporting Changes Could Affect Care

CMS frames the proposal as a way to redirect staff time and provider resources from administrative work toward patient care and safety. If finalized, fewer reporting and documentation tasks could reduce some operating burdens for nursing facilities and state agencies. The estimated savings and hours are CMS projections for the full set of proposals, not guaranteed savings for any one facility or an established result.

The proposed end to certain Medicaid payment reporting has drawn a different concern: less reporting could make it harder to assess how public funds reach care workers and facilities. Jodi Eyigor of LeadingAge said the payment measures can miss legitimate expenses, but also stressed that the sector needs effective transparency to address “tunneling”—the alleged diversion of resources to owners, operators or affiliated parties at a facility’s expense. That tension puts the design of any replacement oversight or financial reporting in focus as CMS considers comments.

Changes to vaccination procedures, discharge notices and the scope of clinical visits could also affect residents, families and frontline teams. Their practical impact will depend on the final wording, implementation dates and any safeguards CMS retains. The proposal does not itself change current requirements.

A Review of Provider Regulations

The CARE proposal follows a broader CMS review of rules across health care provider and supplier categories. According to CMS’s accompanying fact sheet, the agency identified regulations it considers obsolete, outdated or excessively burdensome and is proposing to eliminate or reform them. The announced $320 million estimate and more than 3.26 million hours apply across the health care continuum, rather than to nursing homes alone.

The proposal also revisits requirements introduced or maintained during the COVID-19 response. AHCA/NCAL President and CEO Clif Porter said ending weekly reporting requirements linked to the public health emergency would recognize changes since the pandemic and reduce what he called redundant administrative work. LeadingAge likewise supported removing NHSN reporting it said duplicated other infection-control processes. These are industry groups’ assessments; CMS’s proposal and supporting documents provide the agency’s rationale and the provisions open for comment.

The Medicaid payment reporting question has been debated before. Eyigor said LeadingAge raised concerns about the payment measures in comments in November 2023, arguing that the percentage directed to compensation is too narrow a measure of how Medicaid funds support quality and safety. The current proposal would remove the specified reports, while the organization says it continues to support transparency and work on ways to address misuse of funds.

“The agency identified obsolete, outdated, and excessively burdensome regulations that CMS proposes to eliminate or reform.”

— CMS, in the fact sheet accompanying the proposed rule

Which Requirements Will Remain

The proposal does not establish which provisions CMS will adopt in a final rule, or whether the agency will revise them after reviewing public comments. The source material does not provide a complete comment deadline, effective date or implementation schedule. Readers should consult the official CMS notice for those details.

It is also unclear how CMS would address concerns that ending Medicaid payment reports could reduce visibility into spending, or whether alternative reporting or oversight mechanisms will be considered. The agency’s estimate of savings and staff time is a projection; the source does not provide a method for calculating how benefits and costs might be distributed among facilities, states and other providers.

The possible expansion of physician assistant and nurse practitioner visits is presented as an area for comment, not a settled policy change. The proposal’s final approach to COVID-19 vaccine education, offers and documentation, as well as the precise treatment of NHSN reporting and discharge notices, remains subject to the rulemaking process.

Public Comments Will Shape the Final Rule

CMS will review comments on the proposed provisions before deciding whether to issue a final rule and what changes to make. Providers, state agencies, resident advocates and other stakeholders can use that process to address the likely effects on staffing, oversight, resident protections and Medicaid payment transparency.

AHCA/NCAL said it plans to submit comments, including suggestions for policies to address caregiver shortages. LeadingAge has also said it supports transparency and intends to work with policymakers on processes that can help identify and address the diversion of funds. The next concrete milestones are the official comment deadline and CMS’s eventual publication of a final decision; neither is specified in the supplied report.

Key Questions

What has CMS proposed?

CMS proposed removing or revising selected administrative requirements across 21 provider and supplier types. The nursing home provisions include eliminating three Medicaid payment reporting requirements and changing certain COVID-19-related and discharge-notice rules.

Would the proposal immediately change nursing home rules?

No. It is a proposed rule, not a final regulation. Current requirements remain in place unless CMS issues a final rule that changes them and the relevant provisions take effect.

How much does CMS say the proposal would save?

CMS estimates the proposals would save $320 million and return more than 3.26 million staff hours across the health care continuum. Those figures are agency estimates covering the broader proposal, not guaranteed savings or hours for individual nursing homes.

Why are some provider groups concerned about removing payment reports?

LeadingAge has argued that compensation percentages can give an incomplete picture of how Medicaid funds support quality and safety. At the same time, the group says transparency is needed to help address alleged diversion of facility resources, sometimes called tunneling.

What happens next?

CMS will collect and review public comments, then decide whether to finalize, revise or drop provisions. The supplied report does not state the comment deadline or expected date for a final rule.

Source: skillednursingnews.com

This article is for informational purposes only and is not medical advice. Always consult a qualified healthcare professional about your specific situation.
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