Last week, the Trump Administration issued the following executive orders that have a direct impact on long term and post-acute care providers.
Pause on Federal Health Agency Communications
- A temporary halt to all external communications from federal health agencies has been put in place. This includes health advisories, weekly scientific reports, website updates, and social media posts. The directive impacts agencies under the Department of Health and Human Services, such as the Centers for Medicare and Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and National Institutes of Health (NIH). Please note: Nursing facilities must remain in compliance with all federal regulations including the CMS Requirements of Participation which requires reporting to NHSN.
Diversity, Equity, and Inclusion (DEI) Programs
- Every federal contract or grant award must include a term requiring the contractor or grant recipient to certify that it (1) is in full compliance with all applicable federal anti-discrimination laws and (2) does not operate any programs promoting DEI that violate such laws. These certifications will be considered material to the government’s payment decisions. Any government contractor or grant recipient that continues to engage in the prohibited “discrimination” or maintains certain affirmative action programs or DEI policies will risk false claims liability by submitting invoices to the government for payment. Facilities that are Medicare certified are considered a government contractor. Providers are encouraged to engage their counsel on how to comply with this new executive order.
Emergency Preparedness Proposed Rule Withdrawn
- Although not an executive order, the Office of Management & Budget (OMB) withdrew a proposed rule that would have updated emergency preparedness (EP) standards across a variety of health care settings including long-term care. No new, proposed requirements on EP will be put forth at this time.