CMS Releases FY 2026 Proposed Rule for Skilled Nursing Facilities

The  Centers for Medicare & Medicaid Services (CMS) recently released a proposed rule to update the Medicare fee-for-service prospective payment system for skilled nursing facilities (SNFs) for fiscal year (FY) 2026.

Key provisions of the proposed rule include:

  • Increasing the per-diem federal rate by a net 3% after the market basket update, productivity adjustment and other adjustments. SNFs that fail to satisfy Quality Reporting Program requirements will be subject to a 2-percentage point reduction.
  • Updating the labor-related share of the per diem rate from 72% to 71.9%.
  • Making technical changes to the Patient-Driven Payment Model ICD-10 code mapping that assigns patients to clinical categories.
  • Removing items recently adopted as standardized patient assessment data elements under the social determinants of health category.
  • Issuing three Requests for Information regarding future measure concepts, potential revisions to submission deadlines for assessment data collected and advancing digital quality measurement.
  • Removing the health equity adjustment from the SNF Value-Based Purchasing program.

The CMS is seeking comments on opportunities to streamline regulations and reduce administrative burdens on providers, suppliers, beneficiaries and other interested parties participating in the Medicare program.

The MHA will provide SNFs with a facility-specific impact analysis and additional details on the proposed rule in the near future. The MHA also encourages members to submit comments to the CMS by June 10 and to contact Vickie Kunz at the MHA with questions and issues identified by May 27.

CMS Releases FY 2026 LTCH Prospective Payment System Proposed Rule

The Centers for Medicare & Medicaid Services (CMS) recently released a proposed rule to update the Medicare fee-for-service long-term care hospital (LTCH) prospective payment system (PPS) for fiscal year (FY) 2026.

Specifically, the rule proposes to:

  • Increase the standard LTCH PPS rate by a net 2.7%, after the 0.8% productivity adjustment and budget neutrality adjustment,s from $49,383 to $50,729, for LTCHs that meet the CMS quality program reporting requirements. LTCHs that fail to meet these requirements are subject to a two percentage point reduction to the annual update.
  • Continue paying cases at the site neutral rate if they fail to meet LTCH criteria.
  • Increase the high-cost outlier (HCO) threshold by 18% for standard LTCH cases from the current $77,048 to $91,247, to achieve the target of paying roughly 8% of aggregate LTCH payments as HCO payments.
  • Use the inpatient PPS cost outlier threshold proposed at $44,205 for site-neutral cases.
  • Update the LTCH Quality Reporting Program by removing four standardized patient assessment data elements focused on social determinants of health and modifying the COVID-19 vaccine among patients and residents measure to exclude patients who expire.
  • Seek input through a Request for Information on opportunities to streamline regulations and reduce administrative burdens on providers, suppliers, beneficiaries and other interested parties participating in the Medicare program. Members may submit comments to the CMS.:

The MHA continues to review the proposed rule and will provide LTCHs with an estimated impact analysis in the next few weeks. The MHA encourages hospitals to review the proposed rule and submit comments to the CMS  by June 10 and to notify Vickie Kunz at the MHA regarding questions or issues identified by May 27.

CMS Releases FY 2026 Hospital IPPS Proposed Rule

The Centers for Medicare & Medicaid Services (CMS) recently released a proposed rule to update the Medicare fee-for-service inpatient prospective payment system (IPPS) for fiscal year (FY) 2026.

The rule proposes to:

  • Increase the standard operating rate by a net 3.2%, after the 0.8% productivity cut and budget neutrality adjustments, from $6,624.39 to $6,835.47, for hospitals that successfully comply with the CMS quality reporting program and electronic health record requirements. Hospitals that do not meet the requirements for these programs are subject to a reduced annual update.
  • Increase the federal capital rate by 3.3%, from $512.14 to $528.95.
  • Decrease the cost outlier threshold by 4.1%, from $46,217 to $44,305, to maintain the target of paying 5.1% of aggregate IPPS payments as outlier.
  • Rebase and revise the labor-related share of the standardized operating rate from 67.6% to 66% for hospitals with a wage index greater than 1.0.
  • Increase disproportionate share hospital and uncompensated care (UCC) payments by $1.5 billion nationally. UCC payments will be allocated using the average of three most recent years of audited Worksheet S-10 data.
  • Add seven new Medicare-Severity (MS) Diagnosis Related Groups, while deleting six MS-DRGs, with most changes within Major Diagnostic Category 05, Diseases and Disorders of the Circulatory System.
  • Remove four measures from the Hospital Inpatient Quality Reporting Program, effective with the 2024 reporting and FY 2026 payment period:
    • COVID-19 vaccination coverage among health care personnel.
    • Hospital commitment to health equity structural measure.
    • Screening for social drivers of health.
    • Screen positive rate for social drivers of health.
  • Modify the Hybrid hospital-wide readmission and mortality measures and the stroke mortality and elective total hip and knee arthroplasty measures.
  • Update and codify the Extraordinary Circumstances Exception (ECE) policy to clarify that the CMS has discretion to grant an extension in response to an ECE request from a hospital.
  • Remove the health equity adjustment from the hospital value-based purchasing program scoring methodology beginning with the FY 2026 program.
  • Include Medicare Advantage patients in the calculation of multiple claims-based measures across several programs, including the Hospital Readmissions Reduction program, beginning with the FY 2027 program.
  • Shorten the Hospital RRP’s performance period from three years to two years. For example, FY 2027 HRRP penalties would be based on July 1, 2023 through June 30, 2025 performance.
  • Seek stakeholder comments in response to the Request for Information on opportunities to streamline regulations and reduce administrative burden on providers, suppliers, beneficiaries and other interest parties in the Medicare program.

The MHA continues to review the proposed rule and will provide hospitals with an estimated impact analysis in the next few weeks. The MHA encourages hospitals to review the proposed rule and submit comments to the CMS by June 10 and to notify Vickie Kunz at the MHA regarding questions or issues identified by May 27.

Virtual Training Offered Feb. 26 for FY 2022 Medicaid DSH Audit

Myers and Stauffer LC, Michigan’s contractor for the federally mandated Medicaid disproportionate share hospitals (DSH) audits, encourages hospital staff to register and participate in the upcoming Michigan-specific virtual training at 1:30 p.m. Feb. 26.

MHA members can view a pre-recorded general DSH training prior to the webinar. The pre-recorded training covers general DSH survey instructions and updates, while the Feb. 26 session will focus on Michigan-specific requirements, followed by a question-and-answer session.

Myers and Stauffer tentatively planned to distribute the initial fiscal year (FY) 2022 data request to hospitals Feb. 21, with hospitals having until March 21 to return the completed survey. All hospitals that received Medicaid DSH payments for FY 2022 are required to participate in the audit.  The MHA will share the recording and materials following the Feb. 26 webinar.

Members with questions should contact Vickie Kunz at the MHA.

MHA Monday Report Nov. 18, 2024

Advocacy image tileWorkforce Bills Highlight Healthcare Legislation Advanced in the State Legislature

Several workforce bills highlighted the healthcare legislation that advanced in the state legislature during the week of Nov. 11. The Senate Appropriations Committee approved Senate Bills (SBs) 406 and 407, led by Sen. Sarah Anthony (D-Lansing). The bills provide …


MHA Board of Trustees Considers Election Impact and Association Priorities

The MHA Board of Trustees began its Nov. 13 meeting with a review of the results from the federal election and its potential impact on key association priorities, led by Carlos Jackson and Mike Goodman with Washington D.C.-based Cornerstone Government …


CMS Releases 2025 Physician Fee Schedule Final Rule

The Centers for Medicare & Medicaid Services (CMS) recently released a issued a final rule to update the physician fee schedule payment system effective Jan. 1, 2025. The rule will: Reduce the PFS conversion …


MDHHS Shares 2022 Maternal and Infant Health Statistics

The Michigan Department of Health and Human Services (MDHHS) Maternal and Child Health Epidemiology Section recently led a webinar on 2022 maternal and infant health statistics for the state. Infant mortality refers to the death …


Enrollment Open for 2025 MHA Healthcare Leadership Academy

The MHA is offering its popular Healthcare Leadership Academy program in February and April 2025, with sessions at the MHA headquarters in Okemos. In partnership with Executive Core and Grand Valley State University, two power-packed …


Medical SolutionsBuilding a Culture of Retention

MHA Endorsed Business Partner Medical Solutions recently released an episode of their “Staffing Unplugged” podcast, featuring Chief Human Resources Officer Rich Thompson sharing insights on the critical role of culture in healthcare staffing. He …


Latest AHA Trustee Insights Focuses on Post-Merger Board Restructuring

The November edition of Trustee Insights, the monthly digital package from the American Hospital Association (AHA), includes CEO insights about the integration of two major health systems which resulted in stronger governance. The article explains the …


What’s Top of Mind in Rural Healthcare?

Peter Marinoff, president and CEO, Munson Healthcare’s Southern Region and MHA Small and Rural Hospital Council Chair

The following article was written by Peter Marinoff, president and CEO, Munson Healthcare’s Southern Region and MHA Small and Rural Hospital Council Chair. National Rural Health Day celebrates the remarkable efforts of hospitals, healthcare teams, …


Keckley Report

The Four Core Pillars of Trump Healthcare 2.0

“While speculation swirls around key cabinet appointments in the incoming Trump administration, much is being written about how things might change for industries and the companies that compose them. Healthcare is no exception.

Speculation about possible changes originates from media coverage, healthcare trade associations, law firms, consultancies, think tanks and academics. Their views are primarily based on Trump Healthcare 1.0 initiatives (2017-2021), presumed Trump 2.0 leverage in the U.S. Senate, House and conservative Supreme Court and a belief by the Trump-team leaders that their mandate is to lower costs for “everyday Americans” and tighten border security.

Thus, Trump Healthcare 2.0 policy changes will be extensive, leveraging legislation, executive orders, agency administrative actions, court decisions and appropriations processes to reset the U.S. health system.”

Paul Keckley, Nov. 11, 2024


News to Know

  • The Centers for Medicare & Medicaid Services (CMS) recently announced the 2025 Medicare Part A and B Premiums and Deductibles, with details available in the CMS Fact Sheet.
  • The Michigan Department of Health and Human Services has increased reimbursement rates for Behavioral Health Treatment – Applied Behavior Analysis services to improve autism treatment access for Medicaid beneficiaries.

CMS Releases 2025 Physician Fee Schedule Final Rule

The Centers for Medicare & Medicaid Services (CMS) recently released a issued a final rule to update the physician fee schedule (PFS) payment system effective Jan. 1, 2025.

The rule will:

  • Reduce the PFS conversion factor by a net 2.8% from the current $33.29 to $32.35 after expiration of the 2.93% statutory payment increase for 2024 and a 0% conversion factor update
  • Refine guidance regarding the complexity add-on code (G2211) to account for intensity and complexity for outpatient office (O/O) visits. Specifically, the CMS will allow payment of the O/O evaluation and management (E/M) visit complexity add-on code when the O/O E/M base code is reported by the same practitioner on the same day as an annual wellness visit, vaccine administration or any Medicare Part B preventive service provided in the office or outpatient setting.
  • Modify supervision requirements for private practice outpatient therapy services from direct to general supervision for physical therapy assistants and occupational therapy assistants, improving access since physical and occupational therapists will no longer be required to physically be onsite for services performed by assistants.
  • Extend certain telehealth waivers through 2025 including:
    • Allowing providers to report enrolled practice addresses instead of home addresses when services are performed from their home.
    • Defining direct supervision to include virtual presence via audio/video real-time communications technology.
    • Virtual supervision of residents when the service is performed virtually across teaching settings.
    • Removing frequency limitations for subsequent care services in inpatient, nursing facility and critical care consultations.
  • Finalize proposals related to caregiver training services. Specifically, the CMS finalizes code descriptors for three caregiver training codes (G0541, G0542, G0543) and designated these as “sometimes therapy” services, facilitating payment for caregiver training services for outpatient physical therapy, occupational therapy and speech-language pathology services.
  • Finalize three new bundled codes (G0556, G0557, G0558) for Advanced Primary Care Management services effective Jan. 1, 2025. The CMS also finalized descriptors and levels of service as proposed stratified based on the number of chronic conditions and risk factors.
  • Update the data reporting period and phase-in of payment reductions for Clinical Laboratory Fee Schedule services. The final rule specifies Jan. 1 through March 31, 2026, as the reporting period with reporting required every 3 years. The final rule did not modify the Jan. 1 through June 30, 2019, data collection period. Payment reductions are limited to 0% for 2025 and 15% for each year 2026 through 2028.

Members with questions should contact Vickie Kunz at the MHA.

2025 Medicare Fee-for-Service Home Health Final Rule Released

The Centers for Medicare & Medicaid Services (CMS) recently released a final rule for the home health (HH) prospective payment system (PPS) for calendar year (CY) 2025. The rule includes updates to the Medicare fee-for-service (FFS) HH PPS payment rates based on changes by the CMS and those previously adopted by the U.S. Congress.

Highlights of the final rule, which takes effect Jan. 1, 2025, include:

  • A negative 2% adjustment to base payment rates to achieve budget neutrality following the transition to the Patient-driven Groupings Model (PDGM).
  • A 30-day standard payment rate of $2,057.35, up 0.9% from the current $2,038.13, for HHs that submit the required quality data.
  • Updating core-based statistical areas for wage index purposes, consistent with recent fiscal year 2025 final rules.
  • Recalibrating the PDGM case-mix weights, low utilization payment adjustment thresholds, functional levels and comorbidity adjustment subgroups.
  • Revising the fixed dollar loss ratio from 0.27 to 0.35, reducing outlier payments.
  • Requiring HH agencies to report four new patient assessment items in the HH agency Outcome and Assessment Information Set under the social determinants of health category beginning with CY 2027.
  • Adding a new standard within the Medicare Conditions of Participation requiring HH agencies to develop, implement and maintain a patient acceptance to service policy that is applied consistently to each prospective patient referred for HH care.
  • Requiring long-term care facilities to electronically report information about COVID-19, influenza and respiratory syncytial virus in a standardized format weekly through National Healthcare Safety Network beginning Jan. 1, 2025. The CMS notes that the Secretary will have the discretion to revise the reporting frequency based on changing needs for data collection.

The MHA will provide an updated impact analysis in the near future. Members with questions should contact Vickie Kunz at the MHA.

CMS Releases Medicare 2025 Outpatient Prospective Payment System Final Rule

The Centers for Medicare & Medicaid Services (CMS) recently released a final rule to update the Medicare fee-for-service outpatient prospective payment system (OPPS) effective Jan. 1,  2025.

The final rule:

  • Provides a net 2% increase to the OPPS conversion factor from $87.38 to $89.17 for hospitals that report quality measure data.
  • Increases the outlier fixed-dollar threshold by 3.2% from the current $7,750 to $8,000, as proposed.
  • Requires an in-person visit by the beneficiary within six months prior to the provision of remote mental health services and then annually, beginning Jan. 1, 2025. Congress would need to extend previous statutory waivers to continue to waive the in-person visit requirements beyond Jan. 1, 2025.
  • Reduces the review timeframe for standard prior authorization requests for covered hospital outpatient department services from 10 business days to seven calendar days.
  • Uses 2023 claims data and the most updated cost report data from the Healthcare Cost Report Information System, primarily from 2022, to set payment rates.
  • Adds three services (CPT codes 0894T, 0895T and 0896T) for liver allograft-related procedures to the Inpatient-Only List and removes a pelvic fixation code (CPT code 22848) for 2025.
  • Updates the core based statistical areas used to determine a hospital’s wage index, consistent with other 2025 final rules. The CMS will use the FY 2025 wage index values from the IPPS correction notice.
  • Adds two new status indicators (H1 and K1) to identify Healthcare Common Procedure Coding System/Current Procedural Terminology (HCPCS/CPT) codes representing separately payable, non-opioid post-surgical pain management products, as authorized by the Consolidated Appropriations Act of 2023. The CMS finalized six drugs and five devices that qualify for these payments.
  • Establishes separate payment for diagnostic radiopharmaceuticals with a per-day cost exceeding $630, as proposed, with updates in 2026 and subsequent years based on the Producer Price Index for Pharmaceutical Preparations. All qualifying products will be paid separately at their mean unit cost.
  • Excludes qualifying cell and gene therapies from comprehensive ambulatory payment classification packaging.
  • Adopts three measures related to health equity for the Outpatient, Ambulatory Surgical Center (ASC) and Rural Emergency Hospital Quality Reporting Programs and extending voluntary data reporting for two hybrid measures in the Inpatient Quality Reporting Program.
  • Establishes a new condition of participation for hospitals and critical access hospitals that provide obstetrical services including new requirements for maternal quality assessment and performance improvement, and baseline standards for the organization, staffing and delivery of care within obstetrical units, and staff training on evidence-based best practices every two years.
  • Extends the virtual direct supervision of therapeutic and diagnostic services under the physician fee schedule (PFS) through Dec. 31, 2025. The CMS also finalized the proposal to extend virtual direct supervision under the OPPS through Dec. 31, 2025, to maintain alignment between the PFS and OPPS.
  • Adds 21 medical and dental procedures to the ASC covered procedures list.

The MHA will provide an updated hospital-specific impact analysis within the next few weeks and encourages hospitals to contact Vickie Kunz with questions regarding the final rule.

MHA Monday Report Oct. 21, 2024

State Senate Advances Healthcare Legislation

Several bills impacting healthcare and hospitals were advanced through committees in the state Senate during the week of Oct. 14. Senate Housing and Human Services voted out a package of legislation referred to as the …


MHA Continues to Monitor Baxter IV Solutions Shortage

The MHA continues to support Michigan hospitals in response to the Baxter IV solutions shortage that began the week of Sept. 29. Baxter International Inc. temporarily closed its North Cove manufacturing plant in Marion, N.C., …


LARA to Evaluate Non-Long Term Care Provider Licensures

The Department of Licensing and Regulatory Affairs (LARA) is required by MCL 333.20155 to make at least one visit to each licensed Non-Long Term Care provider every three years to evaluate licensure. LARA may waive …


MHA Webinar Explores Leadership Strategic Planning for AI

The MHA will host the webinar How Boards and Leaders Can Deploy AI Responsibly and Ethically, scheduled 4:30 – 6 p.m. ET, Dec. 3. The webinar will cover a framework to govern the approach, policies …


CMS Finalizes Medicare Appeals Process for Beneficiary Status Change

The Centers for Medicare & Medicaid Services (CMS) and the United States Department of Health and Human Services recently released a final rule, effective Oct. 11, 2024, implementing a federal district court order that …


Rural Health Research Gateway Releases Report on the First Year of REHs

The Rural Health Research Gateway recently published a report on Rural Emergency Hospitals (REHs) highlighting data from the first year of the designation. Under the Consolidated Appropriations Act of 2021, the Rural Emergency Hospital provider type …


MHA Race of the Week – Michigan Supreme Court

The MHA’s Race of the Week series highlights the most pivotal statewide races for the 2024 General Election. The series will provide hospitals and healthcare advocates with the resources they …


Three Key Takeaways from the MHA Webinar Featuring Health Equity Regulatory Requirements

Earlier this month, the MHA, in partnership with the MHA Keystone Center, hosted a member webinar highlighting the current and future state of health equity priorities and requirements from the Centers for Medicare & Medicaid Services and The Joint Commission that impact …


Keckley Report

Do Healthcare Prices Matter?

“With the election 22 days away and inflation the key issue for voters, the latest Consumer Price Index report from the Bureau of Labor Statistics is especially important. Released last Tuesday, it shows: …

Healthcare prices account for 10.2% of the CPI but attention to these is decidedly less than food, energy, housing and other categories. For consumers, that neglect is harmful’ for industry insiders, it’s a pressure point that’s been avoided. Price estimators, posted chargemasters, open-panel benefits design, website queries and other tactics work OK for now. So…

Do Healthcare Prices Matter? Not much today. But they’re mission critical in healthcare tomorrow.”

Paul Keckley, Oct. 14, 2024


 

News to Know

The United States Departments of Labor, Health and Human Services and the Treasury issued Sept. 9 a set of final rules on the Mental Health Parity and Addiction Equity Act of 2008.


Laura Appel speaks with NBC25 about the Baxter IV solutions shortage.

MHA in the News

The MHA continued to engage with media requests on the Baxter IV solutions shortage during the week of Oct. 14. NBC25/Fox66 in Flint aired a story Oct. 16 on the shortage, which includes an interview …

CMS Finalizes Medicare Appeals Process for Beneficiary Status Change

The Centers for Medicare & Medicaid Services (CMS) and the United States Department of Health and Human Services (HHS) recently released a final rule, effective Oct. 11, 2024, implementing a federal district court order that requires the HHS to establish appeals processes for Medicare beneficiaries initially admitted as hospital inpatients, but who are subsequently reclassified as outpatients receiving observation services during their hospital stay.  The change in status from inpatient to outpatient results in a denial of coverage for the hospital stay under Medicare Part A.

The processes include:

  • Expedited appeals – Beneficiaries will be entitled to request an expedited appeal prior to hospital discharge when they disagree with the hospital’s decision to reclassify their status from inpatient to outpatient receiving observation services. Appeals will be conducted by a Beneficiary & Family Centered Care – Quality Improvement Organization.
  • Standard appeals – This process will be available to beneficiaries who file an appeal after hospital discharge. These standard appeals will follow procedures similar to expedited appeals, but without the expedited filing and decision timeframes.
  • Retrospective appeals – This process is available for beneficiaries to appeal denials of Part A coverage for specific inpatient admissions involving status changes that occurred back to Jan. 1, 2009. Medicare Administrative Contractors will perform the first level of appeal, followed by Qualified Independent Contractor reconsiderations, Administrative Law Judge hearings, review by the Medicare Appeals Council and judicial review. Eligible beneficiaries have 365 calendar days from the implementation date of this rule to request a retrospective appeal.

The CMS updated regulations and appeal procedures based on the final rule to include:

  • Increasing the timeframe for providers to submit a claim following a favorable decision from 180 to 365 calendar days.
  • Extending the timeframe for submission of provider records as requested by a contractor from 60 to 120 calendar days.

The rule clarifies the effect of a favorable appeal decision in various instances:

  • The hospital must refund any payments received for the Part B outpatient claim before submitting the Part A inpatient claim. If a Part A claim is submitted, the previous Part B outpatient claim will be reopened and canceled, with any Medicare payments recouped to prevent duplicate payment.
  • The hospital must refund any payments collected for the outpatient services if the hospital chooses not to submit a Part A claim for a beneficiary who was not enrolled in Medicare Part B at the time of hospitalization.
  • The hospital must refund any payments collected for the outpatient hospital services only if the hospital chooses to submit a Part A claim for beneficiaries who were enrolled in Medicare Part B at the time of hospitalization.
  • Out-of-pocket payments made by a family member on behalf of a beneficiary for skilled nursing facility services may include payments made by individuals who are not biologically related to the beneficiary such as a close friend, roommate or former spouse.

Members with questions regarding the Medicare appeal process should contact Vickie Kunz at the MHA.