The Lead June 15, 2021

From the Desk of Karen Messer, President and CEO

Top Stories:
Provider Relief Fund Update
Vaccine Mandate Litigation Update on Bridges v. Houston Methodist Hospital
State Budget Update

Nursing and Rehabilitation:
NHSN Reporting Tool

Independent/ Subsidized Housing:
Ask Senators Durbin and Duckworth to Join Sign-On Letter for Section 202 Housing
Senate Hearing: HUD Staffing, Service Coordinators

Other:
2021 Global Ageing Network Summit

From the Desk of Karen Messer, President and CEO:
LeadingAge National continues to prepare weekly recaps of issues and activity in various areas of the membership.  I encourage you to stay updated on issues that impact you and taking a look at these weekly recaps.

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Top Stories:

Provider Relief Fund Update
The U.S. Department of Health and Human Services (HHS) issued updated reporting guidance that governs past and future Provider Relief Fund (PRF) dollars received by providers including establishing staggered deadlines by which the funds must be used as well as reported upon. Previously, the Nursing Home Infection Control Distribution and corresponding incentive payments were excluded from the reporting requirements but the June 11 guidance includes them in the reporting.  LeadingAge National has an article covering the spending and reporting deadlines and a table that outlines the deadlines by PRF payment tranche.

Upon a first read of the guidance, it appeared the guidance now limited the SNF Targeted Distribution from May 2020 to only be used for infection control expenses.  It turns out that in the reporting guidance HRSA has used a longer moniker for the NHIC funds, which is “Skilled Nursing Facility and Nursing Home Infection Control Distribution payments.”  HRSA clarified via email to LeadingAge that sections with the “SNF and Nursing Home Infection Control Distribution payments” only refers to the infection control monies not the May SNF Targeted Distribution. There is not a change in policy. Providers are required to report on the May SNF Targeted Distribution but under the general reporting requirements. In addition, these funds can still be used for health care related expenses and lost revenues due to coronavirus, and are not limited to infection control only expenses. 

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Vaccine Mandate Litigation Update on Bridges v. Houston Methodist Hospital
A federal court judge In Texas dismissed a compliant in a case alleging that Houston Methodist Hospital’s vaccine mandate violated Texas employment law. Jennifer Bridges and 115 other suspended employees alleged that the hospital’s vaccine mandate was unlawful. The order dismissing the case highlighted that Texas employment law only protects employees from being terminated for refusing to commit an act carrying criminal penalties to the worker. Bridges did not show that her cause of action met that standard and the court noted that the vaccine mandate is not against public policy.  The potential impact of this case is difficult to assess because it applies only to Texas law, but there are other states with similar at-will employment schemes in place. 

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State Budget Update
The State Budget bill (SB2800), passed by the Illinois General Assembly just before midnight on May 31, was sent to the Governor for consideration on June 10.  Effective dates in the budget were reportedly not correct and the Governor may need to amendatory veto the effective dates. In that case, the legislature would then need to accept the changes to enact a budget.  The Governor has yet to receive SB2017, the Budget Implementation Bill (BIMP) for his consideration. There are a number of key items of interest to LeadingAge Illinois members in the BIMP. There, at this point, is not expected to be issues with the content of the BIMP.   

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Nursing and Rehabilitation:

NHSN Reporting Tool
The U.S. Department of Health and Human Services (HHS) Agency for Healthcare Research and Quality (AHRQ) offers a new resource to help in data collection for the NHSN.  The Nursing Home Vaccine Administration Records For Staff and Residents resource provides one location for collection of required information on vaccines.  AHRQ staff suggest that if a provider uses this resource, they will have everything they need for NHSN reporting.  The tool can also support the coordination of next doses and identification of vaccine hesitancy.

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Independent/ Subsidized Housing:

Ask Senators Durbin and Duckworth to Join Sign-On Letter for Section 202 Housing
On June 11, Senator Robert Menendez (D-NJ) circulated a “dear colleague” letter among all Senate offices, asking senators to join his letter to the Senate HUD appropriations subcommittee in support of $600 million for new Section 202 homes in the fiscal year 2022 HUD appropriations bill, and for full renewal funding for Section 202 rental assistance contracts. Senator Menendez has been a long-time champion of the Section 202 Supportive Housing for the Elderly program and has led a letter in support of robust funding for new Section 202 homes for several years. LeadingAge is thrilled that this letter urges appropriators to provide $600 million for new Section 202 homes. In FY21, Congress provided $52 million for new Section 202 homes. HUD has requested $100 million for new Section 202 homes in FY22. LeadingAge’s policy goals include a $600 million ask for new Section 202 homes in the FY22 HUD appropriations bill. Please contact Senators Durbin and Duckworth and urge them to join Senator Menendez’s letter by June 22, the deadline to sign on. More in this LeadingAge National article.

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Senate Hearing: HUD Staffing, Service Coordinators
At a June 10 hearing on HUD’s fiscal year 2022 budget request, U.S. Senate Appropriations Subcommittee on Transportation, Housing and Urban Development and Related Agencies, HUD Secretary Marcia Fudge was questioned on the FY22 HUD budget request, including questions on HUD staffing levels and Service Coordinators. More in this LeadingAge National article.

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Other:

2021 Global Ageing Network Summit
The 2021 Global Ageing Network Summit, in partnership with GAN South Korea, will bring together providers, thought leaders, and those working in the aged care sector for a two-day interactive, virtual experience. Join the Summit September 7-8, 2021. Learn more and register today

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