Updates

Sep 16, 2022 

Overview of the Public Charge Final Rule

Manatt Health

On September 8, the Department of Homeland Security (DHS) issued a final rule on the “Public Charge Ground of Inadmissibility,” regarding DHS’ authority to refuse a noncitizen’s application for admission or application for visa adjustment (including receipt of a green card) on grounds that they are “likely at any time to become a public charge.” This expert perspective provides an overview of the final rule.

Sep 16, 2022 

CMS Proposed Rule on Medicaid and CHIP Eligibility, Enrollment, and Renewal

Kinda Serafi and Melinda Dutton, Manatt Health

This expert perspective provides an overview of the eligibility and enrollment proposed rule released by CMS on August 31 and details how the proposed rule seeks to strengthen existing eligibility, enrollment, and renewal operational processes in an effort to close gaps in coverage and extend best practices identified by CMS and states in the course of preparing for unwinding the federal public health emergency (PHE). Comments on the proposed rule are due no later than November 7, 2022.

Sep 9, 2022 

Federal Court Decision Threatens the ACA’s Preventive Services Benefit: State Options to Mitigate Harm to Consumers

The same U.S. federal district judge that declared the Affordable Care Act (ACA) unconstitutional in Texas v. California has issued a ruling in a lawsuit, Braidwood Management Inc. v. Becerra (formerly known as Kelley v. Becerra), that strikes down a requirement that health plans cover and waive cost-sharing for many critical preventive services. Although the U.S. Department of Justice is likely to appeal the ruling, some legal experts believe the Braidwood Management plaintiffs may prevail in the higher courts, too. If the ACA’s preventive services provision is gutted, only Congress can fully restore it. This expert perspective examines the potential implications of the ruling for the ACA and the opportunities available to states to mitigate the impact on consumers.

Sep 2, 2022 

Expanding Equitable Telehealth Access: Federal Funding Opportunities to Support Universal Broadband

Despite the important role of telehealth in enabling access to care during the public health emergency (PHE), there is growing recognition that a “digital divide”—the gap between individuals who use or have access to telecommunications and information technologies and those who do not—is a social determinant of health that exacerbates existing disparities in healthcare access and outcomes. The Biden administration and Congress have committed historic amounts of funding to: (1) build infrastructure in support of universal broadband access; and (2) launch planning, mapping, equity, and adoption projects that address the digital divide. This expert perspective describes recent federal funding initiatives and outlines considerations for state policymakers as they consider how to direct funding toward healthcare priorities. In particular, there is a key upcoming deadline for states to submit plans to the Treasury for ARP’s Capital Projects Fund on September 24, 2022.

Aug 26, 2022 

The No Surprises Act Final Rule: Implications for State Regulators

On August 19, the federal government issued a new final rule to further implement the federal independent dispute resolution process under the No Surprises Act (NSA). This expert perspective reviews the final rule and discusses its implications for state balance billing protections and oversight.

Aug 23, 2022 

Communicating the PHE Unwinding: How States Are Conducting Outreach and Planning

At the end of the federal public health emergency, states will need to redetermine eligibility for nearly all Medicaid enrollees in the largest healthcare event since the Affordable Care Act. In order to avoid potential coverage losses, states will need to communicate with enrollees and other stakeholders about the actions they need to take to keep individuals enrolled in Medicaid or transition to another form of health coverage. One way that states are promoting transparency in their communications and planning efforts is through the public release of their unwinding operational plans. This expert perspective highlights several states that have made their unwinding operational plans publicly available as well as examples of states’ ongoing communication efforts, including outreach campaigns to Medicaid enrollees, strategies for collaborating with stakeholders, and collaborative initiatives within Marketplace states.