DEPARTMENT OF EDUCATION LITIGATION
Department Issues Updated Guidance on Nursing Degrees. The Department of Education (ED) updated its website to clarify that all MSN and DNP degree programs under the CIP code for registered nurse degree programs are considered professional for the purposes of federal graduate student loan borrowing. This follows guidance issued by ED two weeks ago, which included an interim list of degrees considered to meet the professional degree definition. These clarifying updates from ED stem from a June 25 court order where a federal judge issued a stay on ED’s definition of a professional degree in the final rule. The updated guidance is in effect from July 1 through the duration of the court order.
ON CAPITOL HILL
Title VIII Nursing Workforce Development Programs. On July 22, the Health Education Labor & Pensions Committee of the U.S. Senate will mark up the reauthorization of the Title VIII Nursing Workforce Development Programs. These programs are the only major source of federal funding for the development of the nursing workforce and nursing education. They help address critical workforce shortages by providing scholarships and loan repayment.
The Title VIII programs were last reauthorized in 2020 and need to be reauthorized every five years. However, it is very common for programs to operate and still receive funding while not presently authorized—Title VIII previously operated while unauthorized for six years. ANA is lobbying for both reauthorization and increased funding through the annual appropriations process.
Patients First Act. On July 15, the Patients First Act was introduced in a bipartisan manner in Congress. This legislation intends to reform the Medicare Access and CHIP Reauthorization Act (MACRA), which was passed into law in 2015. It also aims to improve the physician fee schedule, promote primary care, and strengthen incentives for independent practices. The bill includes provisions to control the swings that occur in MIPS and creates a task force on measure creation in the quality program. Congressional staff has asked for feedback on the proposal, and ANA is working closely with lawmakers to ensure nursing priorities are included in final legislation.
AT THE AGENCIES
CMS Releases Physician Fee Schedule Proposed Rule. Earlier this week, the Centers for Medicare & Medicaid Services (CMS) released the annual calendar year (CY) 2027 Physician Fee Schedule (PFS) proposed rule. This rule sets payment rates for all practitioners who see Medicare beneficiaries. Additionally, CMS uses this proposed rule both to implement policy changes and to solicit feedback through requests for information (RFIs). Policy changes in this year’s PFS include telehealth, primary care, and the quality payment program (QPP), which includes the merit-based incentive program (MIPS). Of note, CMS is seeking feedback through an RFI on the entire CPT code development process and how it is led by the American Medical Association. ANA is analyzing the provisions of the proposed rule and will submit comments prior to the September 14 deadline. CMS has issued a fact sheet that summarizes key provisions of the rule. Please reach out to ANA staff if there are specific provisions or issues you would like to discuss within the proposed rule.
CMS Issues Medicare Home Health Proposed Rule. CMS issued the CY 2027 Home Health Prospective Payment System proposed rule. CMS proposes amodest overall increase in payments to home health agencies while continuing certain Patient-Driven Groupings Model (PDGM)-related payment adjustments. The proposed rule also includes updates to home health quality reporting requirements, enhanced program integrity measures, and requests for stakeholder feedback on expanding access to community-based palliative care, advancing care planning, and developing a home health-specific wage index. ANA is analyzing these proposals for impact on home health nursing practice, workforce sustainability, and patient access to care in the home setting. CMS issued a summary of key provisions and comments are due August 31.
ANA Comments on RFI on Health Benefits. On July 15, ANA submitted comments in response to a CMS RFI on essential health benefits (EHB). EHB are the categories of health care services that insurers must cover plans offered in the health insurance marketplaces. This RFI solicited stakeholder feedback on aligning EHB with typical employer-based health insurance plans. ANA’s comments highlighted the need to ensure that all APRNs are included in plan networks and that any changes continue to provide comprehensive coverage to all beneficiaries.
HHS and VA Announce Veteran Mental Health Partnership. On July 13, the Department of Health and Human Services (HHS) and the Department of Veterans Affairs (VA) announced a Memorandum of Understanding to collaborate on the research, development, and deployment of future psychedelic-based mental health medications for veterans, contingent upon Food and Drug Administration (FDA) approval. This partnership is in alignment with the President’s Executive Order on Accelerating Medical Treatments for Serious Mental Illness, which instructed HHS, FDA, and VA to all partner on sharing data for clinical studies and to increase clinical trial participation.
ELECTION HUB
There were no primary elections held this week.
On Thursday, August 20 at 7PM Eastern, the webinar “Civic Pulse: Nurses & Midwives Sparking a Healthy Democracy” will be hosted by Vot-ER and Healing Politics. Topics include civic participation and nonpartisan voter registration resources. Registration can be found through this link.
Upcoming Primaries. Several states will hold primaries in the coming weeks (with voter registration deadlines):
- July 21: Arizona (6/22)
- July 28: Georgia special election (7/6), South Dakota runoff (7/13)