While Court Injunction Is in Place, CMS Will Not Enforce Vaccine Mandate

Two federal court rulings currently in place have created a nationwide preliminary injunction prohibiting the Centers for Medicare & Medicaid Services (CMS) and the US Department of Health and Human Services (HHS) from enforcing the recent Interim Final Rule that requires Medicare-and Medicaid providers subject to Medicare conditions of participation to have all staff vaccinated with some exceptions.

Last Thursday, December 2, CMS posted memo QSO-22-04-ALL, notifying state survey agency directors that it has suspended activities related to the implementation and enforcement of the vaccine mandate found in the Interim Final Rule as a result of the preliminary injunctions that are in effect.

Consequently, State surveyors must not survey providers for compliance with the requirements of the Interim Final Rule. Providers are still subject to State legislation that either mandates or prohibits the mandating of COVID-19 vaccination.

 

Providers slam House for not delaying nearly 10% Medicare payment cuts in must-pass spending deal

Fierce Healthcare

Major provider groups were livid that a continuing resolution to fund the federal government also doesn’t stave off nearly 10% in cuts to Medicare payments set to go into effect on Jan. 1.
 
The Federation of American Hospitals and American Medical Association were upset that legislative language to fund the government through Feb. 18 does not delay cuts from several sources including the Sequester and PAYGO law. Other providers have been lobbying Congress fervently on the cuts.
 
“These cuts are unsustainable during normal times, and they are reckless during a public health emergency,” said Gerald Harmon, president of the American Medical Association in a statement Thursday. “The result of congressional inaction is that Medicare patients are certain to experience reduced access to care.”
 
The Federation of American Hospitals also warned that facilities are facing a “critical and growing workforce crisis” that the cuts would exacerbate, said President and CEO Chip Kahn.
 
The Surgical Care Coalition, a collection of 13 surgical professional organizations, slammed Congress for not taking action. 
 
"Instead of supporting health care providers, Congress chose to slash Medicare payments and harm the ability of providers to care for our nation’s most vulnerable," said American College of Surgeons Executive Director David Hoyt, M.D.
 
Providers are facing a 4% cut to Medicare payments under the Pay-As-You-Go (PAYGO) spending law, which triggers cuts to government programs if spending reaches a certain threshold. The American Rescue Plan Act triggered that threshold earlier this year.
 
In addition, pay bumps given to providers to help deal with the financial impact of the COVID-19 pandemic are going away.
 
Physicians are facing the removal of a 3.75% pay bump to their Medicare payments on Jan. 1. Congress last year also placed a moratorium on a 2% cut to Medicare payments created under sequestration but that moratorium will now expire after Dec. 31.
 
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Expression of Thanks from APTA Colorado

We hope everyone had a very Happy Thanksgiving with family and friends.

The APTA CO Board and Staff have so much to be thankful for!

  • We are thankful for the dedicated frontline therapists and assistants who have continued to go above and beyond during the last year of the pandemic; often putting their own needs behind those of others;
  • We are thankful to all the Administrators, Managers, and Office Personnel who continue to sacrifice in support of their teams and clients/patients;
  • We are thankful for your loved ones who recognize how important your work is and support you through your long days/nights and work-related stress that sometimes comes home with you;
  • We are thankful for all the health care providers in Colorado who partner with physical therapists to care for their clients/patients;
  • We are thankful for our local and national representatives, government employees, Advocacy and Communications teams who advocate for the expansion and increased support of physical therapy services;
  • We are thankful for our country’s Veterans and for the opportunity that you have to give back to them, in some measure, for their service and sacrifices;
  • We are thankful for both faith and science that help us get through life’s trials, including the ongoing global pandemic;
  • We are thankful for eyes to see and hands to help those who have lost loved ones to COVID-19 or other infirmities during the last year;
  • We are thankful for your support of the work that we do every day on behalf of APTA Colorado members and physical therapy in Colorado.  
 

HEADSTRONG: Differential Diagnosis and Management of Concussion Recovery

Advanced Clinical Reasoning for Physical Therapists

When:

  • December 4-5, 2021 at ProActive Physical Therapy in Colorado Springs, Colorado.

Physical Therapists are leaders in determining readiness for return to activity after mTBI. This advanced collaborative learning workshop helps ensure clinicians are prepared for that responsibility. We employ evidence-informed practical information necessary for differential diagnoses of acute and post concussive disorders (PCD) using the ICF Model to identify impairments that limit activities and life role participation. Interactive learning, practice of assessment and intervention skills, and case study exercises will equip participants to improve compassionate and effective interventions in their own practice settings and populations. Interfacing with community stakeholders, multidisciplinary health team, and legal implications are all discussed. Special attention will be focused on motion-provoked dizziness, visual motion hypersensitivity, postural maladaptations, and dysautonomia including POTS. Continued support and mentorship are available to participants through electronic means.

Continuing Education Credit:
Physical Therapists: The course meets Colorado standards for 15 hours of Category I continuing competence activities (C.R.S.§ 12-41-114.6)
Occupational Therapists: The course meets Colorado standards for 15 hours PDA (C.R.S.§ 12-40.5-109.3, may use 12 hours)

Click here for more information! 

 

CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule

Litigation Update: On November 29, 2021, the United States District Court for the Eastern District of Missouri issued a preliminary injunction against the implementation and enforcement in ten states of Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination, 86 Fed. Reg. 61,555, 61,556 (Nov. 5, 2021). On November 30, 2021, the United States District Court for the Western District of Louisiana issued a nationwide preliminary injunction against the implementation and enforcement of the same rule, with the exception of the ten states covered under the first preliminary injunction. CMS has appealed both of these decisions, and has filed motions for stays of these order. While CMS remains confident in its authority to protect the health and safety of patients in facilities funded by the Medicare and Medicaid programs, it has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation. Please note that the comment period is separate from the litigation.

Click here to view Federal Register.

Click here for the fact sheet/FAQs.

 
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