Favorable Federal Court Ruling Allows Hospitals to Continue to Offer Unaltered Public Websites

A United States District Court Judge in Texas issued a ruling June 20 on recent Department of Health and Human Services (HHS) bulletins that restrict healthcare providers from using standard third-party web technologies that partially capture IP addresses on public-facing webpages.

This ruling was in favor of the American Hospital Association (AHA), Texas Hospital Association (THA) and hospital plaintiffs. The AHA and THA sued the HHS Office for Civil Rights, claiming that the bulletins did not follow proper rulemaking processes because no notice-and-comment opportunity was provided. Additionally, the prohibited activity would negatively affect providers who use common web technology to communicate reliable, accurate health information to the general public.

This favorable ruling, which the MHA and many other state hospital associations supported with a joint amicus brief, means that hospitals do not need to alter or discontinue their public-facing websites to comply with the rule and subsequent bulletins issued by the HHS-OCR limiting such technologies.

Members with questions may contact Amy Barkholz at the MHA.

MHA Monday Report April 22, 2024

MHA Monday Report

MHA Annual Membership Meeting Registration Opens

MHA Annual Meeting logoRegistration is now open for the MHA Annual Membership Meeting June 26 through 28 at the Grand Hotel on Mackinac Island. The annual meeting will feature an outstanding …

 


MHA Webinars Share Ways Virtual Care and New Recruitment Models Support PFE

The MHA will host two webinars May 2 and May 30 on virtual care and recruitment models in healthcare that support person and family engagement (PFE). It is through dialogue, relationship building and shared decision-making among patients, caregivers and healthcare staff that …


Advancing Safe Care Award Nominations Due April 26

Nominations for the 2024 Advancing Safe Care Award close on April 26. The award recognizes Michigan hospitals for improving care safety and reliability, with eligible nominees including teams dedicated to transparency in care …


Applications Open for Excellence in Governance Fellowship

Applications are currently being accepted for the 2024-2025 Excellence in Governance Fellowship, which will be held from October 2024 through June 2025. The MHA Excellence in Governance Fellowship is a rigorous and comprehensive program delivering …


Latest AHA Trustee Insights Focuses on Importance of Children’s Health

The April edition of Trustee Insights, the monthly digital package from the American Hospital Association (AHA), focuses on the value nurse leaders bring to the governing board. An article outlines information from several studies citing how nurses promote health equity …


The Keckley Report

Paul Keckley8 Reasons Hospitals must Re-think their Future

“Last Monday, CMS announced the base payment rate it will pay Medicare Advantage plans in 2025: plans will see an average 3.7%, or $16 billion, increase in payments once risk scores are factored in but a cut to base payments of 0.16% since 2025 risk scores were expected to be 3.86%. That’s the math. …

These rules are a big deal. CMS appears poised to challenge the industry’s formidable strengths and force changes.

Together, these rules will disrupt day to day operations in every MA plan, intensify friction with providers over network design, coverage and reimbursement negotiations and confuse enrollees who might have to pay more or change plans. …”

Paul Keckley, April 15, 2024


News to Know

  • The results of special elections conducted April 16 restores the two-person Democratic majority in the Michigan House of Representatives with the elections of Mai Xiong (D-Warren) in the 13th House District and Peter Herzberg (D-Westland) in the 25th House District.
  • Healthcare leaders are encouraged to nominate a colleague who advances health equity for the New Detroit Just Lead: Advancing Racial Equity 2024 Leadership Award.

MHA in the News

The Detroit News published an article April 15 on all Michigan projects that were earmarked in the final government spending bill for 2024, which included $756,000 for the MHA Keystone Center to support the development and deployment of evidence-based best practices and hands-on training to nursing home staff for the prevention of infections. …

Change Healthcare Outage Continues to Impact Members

The MHA has been in close contact with the American Hospital Association (AHA), the Michigan Healthcare Security Operations Center (HSOC) and other partners regarding the Change Healthcare cyberattack that has impacted hospitals nationwide over the past two weeks.

The MHA is gathering, in aggregate, data about the impact of the attack on Michigan hospitals and patients. If your hospital/system hasn’t already done so, please complete this short questionnaire as soon as possible to help the MHA continue to advocate, and tell an accurate story of impact, on members’ behalf. Members with questions about the survey may contact Jim Lee at the MHA.

The latest updates from last week include:

  • Federal Advocacy: The AHA, the MHA and other state hospital associations have been urging Congress and the US Department of Health and Human Services (HHS) to prioritize and expedite hospital requests for Medicare advanced payments; issue guidance to payers about interim payments, waiving of prior authorizations, not denying claims due to lack of prior authorization and more. A letter was sent to HHS Feb. 26, and was followed up with a letter March 5 to House and Senate leadership requesting whole-government response, and that Congress consider any statutory limitations that may exist for agencies assisting hospitals at this critical time. Members with questions about federal efforts should contact Laura Appel at the MHA.
  • Pharmacy: Optum announced that e-prescribing is now fully functional, as are pharmacy claim submission and payment transmission.
  • Payments: Electronic payment functionality should be available for connection again March 15.
  • Medical Claims: Optum will be testing to reestablish connectivity to their claims network and software March 18, restoring service throughout that week.

Optum announced March 1 a Temporary Funding Assistance Program to help bridge the gap in short-term cash flow needs for providers who received payments from payers that were processed by Change Healthcare. UnitedHealthcare stated they will provide further funding solutions for providers. According to their most recent press release, “This applies to medical, dental and vision providers and will involve advancing funds each week representing the difference between their historical payment levels and the payment levels post attack. Advances will not need to be repaid until claims flows have fully resumed. Providers must complete a one-time registration to access funding. For those who receive funding support, there are no fees, interest or other associated costs with the assistance. For repayment, providers will receive an invoice once standard payment operations resume and will have 30 days to return the funds. These terms now apply to both the original and expanded funding programs.”

Providers must register for the program at the website: www.optum.com/temporaryfunding.

More details on these updates are available on the United Health Group’s website dedicated to updates on this issue. This site also has FAQs, contact points for assistance and more.

Resource reminders:

  • AHA tools/updates on Change Healthcare incident.
  • CyberForceQ, an MHA-vetted expert and leader in the field for members who need cybersecurity assistance.
  • Members with questions about cybersecurity and the HSOC may contact MHA Vice President and Chief Information Security Officer Mike Nowak at the MHA.

 

MHA Monday Report Jan. 29, 2024

MHA Monday Report

Senate Health Policy Chair Presents to Legislative Policy Panel

The MHA Legislative Policy Panel met Jan. 24 to develop recommendations for the MHA Board of Trustees on legislative initiatives impacting Michigan hospitals. The meeting was highlighted by a presentation from Sen. Kevin Hertel (D-Saint …


Register for the MHA Behavioral Health Learning Series

The MHA is hosting a five-part webinar series to provide hospital staff with a deeper understanding of Michigan’s behavioral health system and the hospital’s role in connecting patients with care. These webinars are part of …


MHA CEO Brian Peters on JR' Morning with Guy Gordon, Jamie Edmonds and LLoyd Jackson.

Peters Featured on WJR Live from Lansing Broadcast

MHA CEO Brian Peters appeared on Detroit’s WJR 760 AM’s JR’ Morning with Guy Gordon, Jamie Edmonds, and Lloyd Jackson’s “Live from Lansing” broadcast Jan. 25 as part of the station’s annual coverage of legislative …


Latest AHA Trustee Insights Outlines the Board’s Role in Safety and Workforce

The January edition of Trustee Insights, the monthly digital package from the American Hospital Association (AHA), includes articles on quality, safety and workforce. As healthcare becomes more complex, boards struggle to effectively oversee quality, and the …


Three Key Takeaways from Michigan’s Social Determinants of Health Summit

In my role as Maternal Infant Health Policy Specialist at the MHA, one of my main goals has been to utilize my expertise to inspire health equity for marginalized birthing persons and their children and to build relationships that strengthen my impact and purpose. Attending the second annual …


The Keckley Report

Paul KeckleyThe Holy War between Health Insurers and Hospitals: Intensifying but No End in Sight

“Last Wednesday, FTI released its year-end 2023 summary of insurer-hospital disputes: it reported a 69% increase from 2022 in conflicts where formal negotiations broke down reached based on media coverage in 34 states. The majority of the 86 instances involved Medicare Advantage coverage or reimbursement issues and referral relationships with doctors and hospitals were disrupted, at least temporarily. …

The challenges facing the health system—accessibility, affordability, effectiveness– cut across every sector. They’ll not be solved by one acting alone. And sacred cows protected by both will need to be slaughtered to create the better new normal desired by a significant majority of taxpayers and elected officials. …”

Paul Keckley, Jan. 22, 2024