Literature Review

Legacy even in defeat? Nursing home experts anxious about next moves on staffing efforts McKnights Long-Term Care News; by Kimberly Marselas; 4/21/25 Two weeks after a judge struck down federal staffing standards for all US nursing homes, questions about the rule’s future continue to swirl within the industry. Will the government appeal the District Court’s ruling in Texas and continue to fight for regulations that would force nursing homes to create more than 100,000 new jobs in coming years? How will a judge hearing a similar challenge in Iowa interpret similar arguments, and what happens if the rulings conflict with one another? ... Regardless of whether the rule goes away, industry insiders have one clear expectation: Its legacy will continue to chafe nursing home leaders, who will still face intense pressure to recruit quality staff and improve patient care.

Florida lawmakers unanimously approve bill to make medical marijuana cards free for military veterans Marijuana Moments; by Ben Adlin; 4/15/25 A Florida House panel on Tuesday unanimously approved a bill that would exempt military veterans from state registration fees for medical marijuana cards, allowing them to obtain the certifications for free. ... If HB 555 becomes law, the changes would take effect July 1.

Closing the gap in end-of life care coverage: The role of nonprofits in policy advocacy Forbes; by James Dismond; 4/14/25... As the demand for end-of-life care grows, so will the gap between the care that patients need and what they receive. ... Workforce shortages, restrictive regulations, outdated reimbursement models and misconceptions around hospice services are keeping millions of Americans from accessing quality hospice and palliative care services. ... These barriers disproportionately affect low-income families, rural communities and communities of color. ... Unlike for-profit entities, we can prioritize community needs over shareholders. We can prioritize patient well-being over profits—or, to say it more directly, we put people over profits. And I’ve seen firsthand how advocacy can drive progress. Nonprofits must engage in:

Medicare and Medicaid officials finalize rule to clarify that medical marijuana isn’t covered by federal health programsMarijuana Moment; by Kyle Jaeger; 4/8/25 The federal Centers for Medicare & Medicaid Services (CMS) has finalized a rule to clarify that marijuana products are not eligible for coverage under certain health plans for chronically ill patients because “they are illegal substances under Federal law.” In a notice set to be published in the Federal Register next week, CMS said that a series of policy and technical changes for its Medicare Advantage (MA) program and other services, including rulemaking related to cannabis products, will now take effect on June 3.[Continue reading ...]

Executive orders and policy updates JD Supra; by Jones Day; 4/3/25 Since President Trump's inauguration, the Trump administration has issued a number of executive orders and policy actions ... Notable actions include rescinding Biden-era initiatives on health care access and equity, withdrawing from the World Health Organization, reducing indirect costs for NIH grants, and suspending foreign aid. While many of these actions may be subject to ongoing litigation, which is not addressed here, summaries of certain of these executive orders and policy actions are included below. ...

US Supreme Court rejects medical marijuana firm's bid to avoid racketeering suit Reuters, Washington, DC; by John Kruzel; 4/2/25 The U.S. Supreme Court ruled on Wednesday against Medical Marijuana Inc (MJNA.PK), opens new tab in its bid to fend off a lawsuit by a commercial truck driver who was fired for failing a drug test after taking cannabidiol, or CBD, that he said was falsely sold as lacking the psychoactive ingredient present in marijuana. The justices, in a 5-4 decision authored by conservative Justice Amy Coney Barrett, upheld a lower court's ruling that had allowed plaintiff Douglas Horn to bring a civil lawsuit against the San Diego-based company under the Racketeer Influenced and Corrupt Organizations Act. [Continue reading ...]

Hospice community responds to proposed DEA telehealth prescribing rule Hospice News; by Jim Parker; 3/20/25 A proposed rule by the U.S. Drug Enforcement Administration (DEA) could impede timely access to medications for hospice and palliative care patients, according to members of the hospice community. ... If finalized, this proposed rule would require prescribers to register with the DEA before they are allowed to prescribe schedule II-V controlled substances, along with some monitoring and other requirements.  ... Implementation of the proposed rule would have adverse consequences for hospice and palliative care patients, according to the National Alliance for Care at Home. ... The Alliance made several recommendations to the DEA regarding the proposal: 

13th Annual Healthcare Fraud & Abuse Review - 2024 JD Supra; by Bass, Berry & Sims PLC; 3/7/25 Bass, Berry & Sims is pleased to announce the release of the 13th annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments in 2024. Compiled by the firm's Healthcare Fraud & Abuse Task Force, the Review provides a comprehensive analysis of enforcement developments affecting the healthcare industry, significant court decisions involving the False Claims Act, and an overview of settlements involving healthcare fraud and abuse issues.We began the Review over a decade ago with the intention of providing comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers each year. Over that time, the challenges facing the healthcare industry have been significant. ...

Judge sets trial date for DOJ’s challenge to UnitedHealth takeover of Amedisys McKnights Home Care; by Adam Healy; 2/20/25 A judge reportedly has set a date for the Department of Justice’s challenge of UnitedHealth Group’s (UHG’s) acquisition of home health and hospice provider Amedisys. US District Judge James K. Bredar set the trial for Oct. 27. However, the trial may have to be rescheduled to Feb. 9, 2026, Bredar said in an order, according to MLex, which provides news and analysis on legal developments.

Mandated time off for bereavement gaining ground Altoona, PA; by Sarah Boden; 2/10/25 When his father died from COVID-19 in 2020, James Gerraughty didn’t have to choose between working and grieving. That’s because his employer provides three days of paid bereavement for the death of a parent. This gave Gerraughty enough time to drive from the Altoona area to Buffalo, New York, to collect his dad’s remains. ... Not everyone is so lucky. Pennsylvania doesn’t have a universal bereavement leave policy. Employers offer it at their discretion, meaning many workers can experience the death of a loved one but not get time off. Other states have filled this gap in labor law, to varying degrees. California, Colorado, Illinois, Maryland, Minnesota, Oregon and Washington all mandate some form of bereavement leave. ... It takes time to process a death. So not being able to take off work can threaten a person’s mental health and livelihood, said Nisha Bowman, a social worker in Pittsburgh for Monarch Hospice.[Click on the title's link to continue reading.] Editor's note: For national advocacy for bereavement care, examine Evermore.org.

Medical schools report steep drop in enrollment of Black and Hispanic students after Supreme Court ruling STAT; by Usha Lee McFarling; 1/9/25Enrollment of Black and Hispanic students in medical schools dropped precipitously last year after the Supreme Court banned the consideration of race in admissions, according to data released Thursday by the Association of American Medical Colleges. The number of Black enrollees fell by 11.6% compared to last year, while the number of Hispanic enrollees decreased 10.8%. The numbers were even starker for Indigenous students; the number of American Indian or Alaska Natives dropped by 22.1%, while students who were Native Hawaiian or Pacific Islanders dropped by 4.3%. 

The Alliance celebrates the Dole Act becoming law, protecting burial benefits for veteransNational Alliance for Care at Home, Alexandria, VA and Washington, DC; Press Release; 1/7/25 The National Alliance for Care at Home (the Alliance) issued the following statement in response to President Biden signing S. 141, the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act, into law on Thursday, January 2. This landmark legislation includes Section 301, Gerald’s Law, which addresses a critical gap in benefits for Veterans. Gerald’s Law ensures that families of terminally-ill Veterans receiving Veterans Affairs (VA)-furnished hospice care—whether at home, in a nursing home, or in another non-VA setting—retain access to their full VA burial allowance. “We are deeply grateful for the bipartisan support of Gerald’s Law and its inclusion in the Dole Act,” said Dr. Steve Landers, CEO for the Alliance. “This legislation ensures that Veterans and their families can choose hospice care in the setting that best meets their needs without risking the loss of crucial burial benefits. We thank Senators Moran, Tester, and Hassan, Representatives Ciscomani, Bost, Brownley, and Takano, and many others for their leadership, as well as President Biden for signing this important bill into law.”

High-risk opioid prescribing and nurse practitioner independenceJAMA Health Forum; Lucas D. Cusimano, BS; Nicole Maestas, MPP, PhD; 12/24In 2021, more than 1 in 5 opioid overdose deaths were attributed to prescription opioids in the US, and the rate of such deaths has increased 5-fold since 1999. Concerns around excessive opioid prescribing have been used to argue against the expansion of the scope of practice of nurse practitioners (NPs) ... In this difference-in-differences analysis of opioid prescribing in 16 states, there was no change in the rates of high-risk opioid prescribing in the 6 states that adopted nurse practitioner independence compared with 10 nonadopting neighboring states during the 24 months following adoption. The study found no association between legislation that granted independence to nurse practitioners and rates of risky opioid prescribing.