News

In a decision published on Jun. 13, the National Labor Relations Board (NLRB) returned to the FedEx Home Delivery (FedEx II) standard for determining independent contractor status under the National Labor Relations Act (NLRA).

On Jun. 8, the Supreme Court ruled in a 7-2 vote that nursing home residents and their families can sue publicly owned nursing home facilities under the Federal Nursing Home Reform Act of 1987 (FNHRA).

On June 6, the Centers for Medicare and Medicaid Services (CMS) released QSO-23-17-Hospitals reinforcing hospital requirements for their role in a cooperative discharge plan for post-acute care settings.

The Minnesota Department of Health (MDH) recently clarified with LeadingAge Minnesota when families and visitors can share a meal with a resident in the dining room or attend activities. According to MDH, organizations should continue infection prevention and control practices and complete a facility risk assessment to determine visitor attendance in congregate dining settings and activities.

Last week, the US Department of Housing and Urban Development (HUD) published the final rule to establish its new approach to defining and assessing housing quality, the National Standards for the Physical Inspection of Real Estate (NSPIRE). The final rule describes the development of NSPIRE and the next steps from HUD before NSPIRE is implemented on Oct. 1 for multifamily and voucher programs and July 1 for public housing.

The Equal Employment Opportunity Commission has revised guidance for employers regarding the end of the COVID-19 public health emergency. It reminds employers that they cannot automatically terminate reasonable accommodations provided due to pandemic-related circumstances.

Updated from original content posted on Monday, May 8

The Centers for Disease Control and Prevention (CDC) updated Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 Pandemic. The CDC updated sections on recommendations for universal source control and admission testing and added an appendix section to help organizations determine when to implement broader use of source control. In response to the CDC guidance release, the Centers for Medicare and Medicaid Services (CMS) released an update to QSO 20-39-NH REVISED, essentially adopting the CDC guidance.

On May 1, the Centers for Medicare and Medicaid Services (CMS) published QSO-23-13-ALL. The document provides nursing homes with an update regarding the end of the public health emergency (PHE) and how it impacts regulatory blanket waivers and interim final rules (IFR).

On May 1, 2023, the Centers for Medicare and Medicaid Services (CMS) will publish an Information Collection Request (ICR), a request for public comment on a specific topic, as part of a proposed rule about revising the Medicare hospital inpatient prospective payment system.

On April 23, the Centers for Disease Control and Prevention released updated guidance for mRNA COVID-19 vaccination. Going forward, bivalent vaccines will be administered for all immunization doses, and the monovalent (original) vaccine is no longer available. This updated guidance does not include Novovax or Johnson and Johnson Janssen. These continue to be monovalent vaccines, and the schedule remains the same.

The Center for Medicare and Medicaid Services (CMS) recently released its 2024 Skilled Nursing Facility Prospective Payment System Proposed Rule. It includes several proposed SNF Quality Reporting Program (QRP) changes. 

Our national partners at LeadingAge continue to push forward with the Aging Services Workforce Now advocacy campaign launched last year. A recent member workforce poll conducted by LeadingAge showed the shortage of caregiving professionals across aging services is still a true crisis that is not improving. That's why it's critical that we tackle our workforce challenges at every level of government, including in Washington, DC.

On March 30, the Centers for Medicare and Medicaid Services (CMS) released QSO-23-10-NH, which rescinds QSO-20-31-NH and provides updated guidance on enforcement for infection control non-compliance. As a result, enforcement actions are more severe than before when cited under F880 and/or F887.

On March 28, US Health and Human Services Secretary Xavier Becerra appeared before the House Ways and Means Committee to discuss the President’s FY24 budget proposal. Top aging services issues were discussed, such as the Three-Day Hospital Stay Requirement, Nursing Home Mandatory Staffing Ratios, and Home and Community Based Services (HCBS).

During National Patient Safety Awareness Week, the Centers for Medicare and Medicaid Services (CMS) highlighted their renewed focus on patient safety because harm is still too common and often preventable in a blog published on its website. Progress in patient safety has significantly declined since the beginning of the pandemic erasing previous patient safety gains.

On March 9, the US Department of Housing and Urban Development (HUD) announced the Annual Adjustment Factors (AAFs) for 2023, which adjusts rents for certain Section 8 housing assistance payment programs.

This past week Argentum held its annual Public Policy Institute in Washington, D.C.  The public policy event started on Monday afternoon and culminated with staff advocacy visits with Congressional officials in both the U.S. Senate and House on Wednesday.

A bill introduced by US Senate Veterans Affairs Committee Chair Jon Tester (D-MT), along with Sens. Patty Murray (D-WA), Jerry Moran (R-KS), and Mike Rounds (R-SD) to add assisted living services to veterans benefits.

Following two years of advocacy from LeadingAge, our national partner, on behalf of affordable senior housing communities, a raft of supportive services for older adults can now be more easily accessed and funded with the publication of the Department of Housing and Urban Development (HUD) guidance last month.

On Feb. 10, US Senate Special Committee on Aging Chairman Bob Casey (DFL-PA) and Senate Finance Committee Chairman Ron Wyden (DFL-OR) sent a multi-member letter to CMS regarding upcoming regulations to create a minimum staffing standard.