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Top Story: Judge Lifts Nationwide Stay of CMS Vaccine Mandate; Biden appeals to Supreme Court IN THIS ISSUE Top Story: Judge Lifts Nationwide Stay of CMS Vaccine Mandate; Biden appeals to Supreme Court On Wednesday, a Louisiana Judge in the U.S. 5th Circuit Court of Appeals lifted a nationwide order preventing the enforcement of the Centers for Medicare and Medicaid Services (CMS) new rule requiring staff at facilities participating in their programs to be fully vaccinated by January 4, 2022. The ruling partially upheld the lower court ruling by affirming the stay for the states listed as Plaintiff while noting that the lower court "gave little justification for issuing an injunction outside the 14 states that brought suit." This ruling, coupled with a U.S. District Court ruling out of Texas yesterday staying enforcement of the CMS rule, means that exactly 25 states are subject to a stay of the CMS rule. In response to the rulings in the 8th and 5th Circuit Courts of Appeal, the Biden Administration has filed a petition to the Supreme Court to strike down the preliminary injunctions. The Administration argues that the lower courts did not conduct “any meaningful analysis of the relevant statutory text,” calling into question the district and appeals court’s determination that the states are likely to succeed on the merits. In their petition, the Administration cites the 11th Circuit’s opinions at the district and appeals level in the Florida case seeking to overturn the vaccine rule. At this time, it is unknown what impact this ruling will have on the enforcement of CMS's "Omnibus COVID-19 Health Care Staff Vaccination" rule. On December 2, CMS notified state surveyors, including AHCA, that it is suspending enforcement of its mandate pending future development in litigation. Per sources at AHCA, CMS has not issued guidance updating that notice and there are not currently plans to begin enforcement; however, should CMS provide additional guidance, FHA will notify its members. Meanwhile, proceedings in the Florida challenge to the CMS rule continue. On Thursday, Florida’s Attorney General, Ashley Moody, has petitioned the 11th Circuit Court of Appeals to reconsider their ruling on a lower court order denying an injunction of the CMS rule. Moody's request for an “en banc” hearing asks the full panel of 11th Circuit appellate judges to consider the state’s appeal, as opposed to the group of three that initially ruled on the question. Governor DeSantis, Florida Surgeon General Highlights Monoclonal Treatment On Friday, Governor DeSantis and Surgeon General Dr. Ladapo held a press conference at Ocala Regional Medical Center to discuss early treatment for COVID-19. Specifically, the Governor highlighted AstraZeneca, a new long-acting COVID-19 monoclonal antibody therapy for immunocompromised patients. Upon allocation from the federal government, the new treatment option will be available throughout the state. Read the Governor’s press release here. Build Back Better Update On Thursday, the President and Democratic leaders in the Senate acknowledged that the Build Back Better Act will not pass in the Senate by year-end. The legislation, which includes provisions that would cut hundreds of millions of dollars from Florida’s low-income pool, has faced problems achieving full Democratic caucus support and has had key provisions ruled out of order by the Senate Parliamentarian. FHA has been focused on two key provisions of the bill that are seen as punitive strikes against states that have not expanded their Medicaid population. The first, a 12.5% cut in disproportionate share hospital funding was not included in the Senate draft. However, we will continue to oppose the provision of the bill that prohibits the use of uncompensated care pool funds for care provided to the expansion eligible population. Democratic leaders will look to other priorities to close out the year but vow to return to the bill next year. HHS Reopens Provider Relief Reporting The Agency for Health and Human Services (HHS) announced that they have reopened their provider relief reporting portal to select recipients who experienced technical and other issues when they reported their use of COVID-19 relief funds. Those recipients now have through December 20, 2021, to submit a complete report. Provider relief recipients who need to correct an error will have to contact the Provider Support Line (866-569-3522) to gain access to the report they submitted and resubmit by the same deadline. The next PRF reporting period will begin January 1, 2022. Model Disclosures for No Surprises Act must be posted January 1, 2022 Effective January 1, 2022, hospitals must notify patients regarding the protections granted by the No Surprises Act (NSA) regarding balance billing. The law requires providers to post the notice at the physical location, have a link to the notice on the searchable home page of the organization’s website and provide the notice to each patient. The Centers for Medicare and Medicaid Services (CMS) has created a model disclosure notice and instructions for providers to use. FHA has created suggested language for describing Florida’s balance billing laws and the state contact for complaints. FHA Hosts Workforce Webinar On December 15th, FHA hosted an informational webinar led by Susan Bosse, director of business and workforce development from CareerSource Florida. This informational webinar provided an opportunity for FHA members to learn more about the programs and services being offered state-wide to attract, develop and retain an adequate and qualified healthcare workforce. Peter Kamon, MSN, RN, CEN, director of professional development and learning from HealthFirst shared the value and benefit of working with their local Board. The program also provided information on nurse apprenticeship programs that can help to support healthcare organizations in their investment and development of new nurses transitioning to practice. For your convenience, we have included slides, program recording and resource links from the program. PowerPoint Video Replay Apprentice Florida Apprentice Florida - YouTube The CareerSource Florida Network consists of 24 regional CareerSource Florida Boards. If you would like to learn more about CareerSource Florida, please contact your local workforce development board. Improving Access to Behavioral Health Services Through Community Partnerships Community partnerships are the key to improving access to behavioral health services in your community. The AHA recently released an executive summary that includes five case studies describing community-tailored approaches to building a network of behavioral health care. Florida’s “Tampa Bay Thrives” was included as one of these successful programs! Check it out as you plan for 2022. Governor Announces $2 Million Grant for Big Bend Technical College Health Sciences Program On Thursday, Governor DeSantis announced two Florida Job Growth Grant Fund awards, including $3.1 million to the Florida State College at Jacksonville (FSCJ) to establish the Nassau County Transportation Education Institute and $2 million to the Big Bend Technical College in Perry to construct a new training lab and other facilities for its health sciences department. FHA is thankful to the Governor for providing this funding to the Big Bend Technical College to support advanced clinical training methods for those seeking to become a health care professional. As FHA and its members explore opportunities to alleviate the ongoing workforce shortage, improving access to high-quality clinical training is key, especially in rural areas. Read the Governor’s press release here. Sunshine Extends Prior Authorization Waiver through January 31 Due to significant delays in providing authorizations due to the recent merger with WellCare, Sunshine Health Plan is extending their waiver of prior authorization requirements for hospital-based outpatient procedures until January 31, 2022, which initially was to end December 31 and is retroactive to October 1. This applies to Medicaid, Serious Mental Illness Specialty Plan, Child Welfare Specialty Plan, Long Term Car and Children’s Medical Services health plans. Sunshine reached out to FHA in late November to schedule a call to discuss the issues with prior authorization and other pain points to explore ways to address them. We are in the process of scheduling a follow-up call in January. AHCA Medicaid Health Plan Resource Guide To help providers navigate the right contacts at the Medicaid Managed Assistance (MMA) plans for certain services, AHCA has posted a list of resources by health plan for behavioral health, case management, perinatal, pharmacy, utilization management and transportation services. Included is the key contact, contact information and a contact for escalation. You can access the resources at Florida Medicaid’s Health Plan Resources (myflorida.com). Providers experiencing issues with connecting with these resources are encouraged to submit a complaint through the AHCA complaint portal. Happy Holidays! Happy Holidays from the FHA team to you and your family! Registration Open for HOSPITAL DAYS! The Florida Hospital Association's Hospital Days are coming to the state capitol on January 24 & 25, 2022. Join us to show support for Florida's health care heroes and engage with state lawmakers. Please contact Sophia Stich at SophiaS@FHA.org or 850-222-9800 if you have any questions. REGISTER HERE! FHA NEWS CLIPS Biden’s big bill cuts hospital funds for poor in red states, shifts money to Obamacare | Washington Times (Article) Florida’s Health Care Industry Leaders Share Their Appreciation for Governor DeSantis’ Freedom First Budget | AHCA Hospitals seek $38M to expand residency programs, abate projected physician shortage | Florida Politics DeSantis Procures New Covid Treatment as Omicron Spreads | Politico Pro (Article) ABOUT The FHA Pulse is the Association's regular update that contains articles, information, and our upcoming events. We hope you will enjoy and share among your staff. If you have any questions or content suggestions, please email us at Communications@FHA.org. UPCOMING EVENTS FHA Community Benefit Forum on January 17, 2022, at 1:00 P.M. (ET) Infection Prevention Hot Topics: January 12, 2022, at 3:00 P.M. (ET) | Registration Pending Infection Prevention Hot Topics: “Next Level” 3-Part Series, February 8-10, 2022, 2:00–4:00 P.M. (ET) | Registration Pending Infection Prevention Hot Topics: Prevention of HAIs During the COVID-19 Pandemic March 9, 2022, 3:00–4:00 p.m. ET | Registration Pending [[UNSUBSCRIBELINK]] from all FHA e-communications. 306 East College Avenue | Tallahassee, FL 32301 | Website
Biden’s big bill cuts hospital funds for poor in red states, shifts money to Obamacare | Washington Times (Article)
Florida’s Health Care Industry Leaders Share Their Appreciation for Governor DeSantis’ Freedom First Budget | AHCA
Hospitals seek $38M to expand residency programs, abate projected physician shortage | Florida Politics
DeSantis Procures New Covid Treatment as Omicron Spreads | Politico Pro (Article)
[[UNSUBSCRIBELINK]] from all FHA e-communications. 306 East College Avenue | Tallahassee, FL 32301 | Website