Federal

  • January 21, 2021 – Public Health Emergency Extended for COVID-19
  • March 26, 2021 – Emergency Preparedness revised guidance to surveyors related to the emergency preparedness: QSO-21-15-ALL Updated Emergency Preparedness Guidance and Appendix Z.
  • Sep 30, 2021 —The value-based insurance design (VBID) demonstration, known as the Medicare Advantage (MA) hospice carve-in, began in 2020. The MA plans have increased with 22 states participating.
  • Hospice Final Rule FY 2022 – effective Oct 1, 2021
  • October 1, 2021 – MM12491 – Manual Updates for Clarification on the Election Statement Addendum and Extension of the Hospice Cap Calculation Methodology. CMS is making changes to the Medicare Hospice Benefit Policy Manual.
  • November 29, 2021- COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers. The new document is at the TNMHO website.

 

Office of Inspector General Work Plan     

Some OIG Recommendations to CMS:

  • Increase oversight of hospices with a history of serious deficiencies;
  • Expanded guidance for surge planning due to natural disasters and EIDs;
  • Recommendations during PHE’s for facilities to monitor Centers for Disease Control and Prevention (CDC) and other public health agencies, which may issue event specific guidance and recommendations to healthcare workers;
  • Added additional planning considerations for hospices during EIDs outbreaks;
  • Expanded guidance and added clarifications related to alternate care sites and 1135 Waivers; and
  • Provided clarifications related to testing exercise exemptions when a provider/supplier experiences an actual emergency event.

 

Texas

  • Controlled Substance Electronic Prescribing Requirement. Texas Health and Safety Code, §§481.0755 requires that prescriptions for controlled substances be issued electronically, except in limited circumstances, or unless a waiver has been granted by the appropriate agency.
  • PL 2021-02 (Replaces PL 10-50) Change of Ownership Transfer Affidavit Form. New Form 1092 is required to be completed and uploaded to TULIP as part of the CHOW process.
  • Chapter 558 HCSSA Licensing Standards were adopted. Some of the changes were: increased the licensing period to three years, increased the licensure fee, redefined hospice services, HHSC will investigate abuse, neglect and exploitation of inpatient hospice services, disposing of controlled substances in a patient’s home.
  • TMHP Provider Enrollment and Management System (PEMS) Information – providers must use the new system to enroll in Texas Medicaid.

 

Texas Behavioral Health Executive Council (BHEC)

  • Electronic Finger Printing – All licensees under TxBHEC must have had electronic fingerprinting process as a part of their licensure renewal.
  • Human Trafficking Training RequirementsCertain staff, licensed under BHEC and who provide direct care, must have training on human trafficking.

 

Texas 87th Legistive Session

  • Medical Certifications- a physician assistant or advanced practice resident nurse can complete the medical certification for a death certificate or a fetal death certificate in an expanded set of circumstances.
  • Chapter 558 Licensing Standards for Home and Community Support Services Agencies, Subchapter C Provision and Coordination of Treatment Services -Allows a hospice, to purchase, store, or transport for administering any vaccine approved, authorized for emergency use, or permitted by the United States Food and Drug Administration to treat or lessen the spread of a communicable disease.
  • PL 2021-03 Transition to Three-year License Term and Survey Periods
  • GL 21-2004 In-Person Religious Counselor Visitation During a Public Health Emergency- Allows for in-person religious counselor visitation at hospitals and special care facilities during a public health emergency has been posted.
  • GL 21-2003 In-Person Hospital Visitation During Certain Periods of Disaster – outlines provider responsibilities and expectations.

 

New Mexico Legislative Session

Elizabeth Whitefield End-of-life Options Act- “death with dignity” law.

 

Disclaimer:  The Texas and New Mexico Hospice Organization publishes the A Year in Review as an information only item.  TNMHO has no attorneys nor does it represent the state and federal governments.  All legal questions or concerns should be directed to your attorney or the governments involved.