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CHA Issues Summary of Discharge Planning Final Rule

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CHA has issued a summary, prepared by Health Policy Alternatives, of the final rule addressing discharge planning requirements for hospitals, critical access hospitals, and post-acute care (PAC) settings. The final rule is effective Nov. 29. 

CMS Revises Surveyor Guidance for Laboratories

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The Centers for Medicare & Medicaid Services (CMS) has issued revised guidance for clinical laboratory surveyors, with updates to State Operations Manual (SOM) Chapter 6. That chapter, intended to help regional office and state surveyors administer the Clinical Laboratory Improvement Amendments program, has been revised to remove outdated information and ensure each section matches current policies and procedures.

DHCS Issues Monthly Stakeholder Update

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The Department of Health Care Services has released its monthly Stakeholder Communication Update. Among other topics, the October edition includes information on the California Advancing and Innovating Medi-Cal (CalAIM) initiative, Drug Medi-Cal Organized Delivery System services, trauma screenings reimbursement, and expansion of Medi-Cal to adult individuals ages 19-25, regardless of immigration status.

AHA to Publicly Release Names of Hospitals that Have Signed 340B Good Stewardship Principles

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The American Hospital Association (AHA) announced last week that it will publicly release the names of hospitals that have signed its 340B Good Stewardship Principles by Oct. 18. CHA encourages any 340B covered entity that has not yet signed on to the principles to join the more than 85% of California 340B hospitals already committed to them.

On Independent Contractor Issues, End of Legislative Session Means Work Begins

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Shortly after the Legislature adjourned in September, Gov. Newsom signed into law one of the year’s highest profile — and most controversial — bills, Assembly Bill 5. This law seriously limits employing workers as independent contractors and requires them to be hired and treated as employees instead.

It was intended to protect workers paid less than the minimum wage who don’t receive benefits or protections in their contracting relationships, but not designed for independent health professionals like physical therapists, counselors, and perfusionists — who earn solid wages and often prefer to make their own decisions about what their working relationships will be.

Now that it has become law, this issue and its far-reaching implications for hospitals and health care employees remain one of CHA’s highest priorities.

For now, it appears hospitals will need to reclassify some of their licensed health care professionals from independent contractors to employees. The law also includes requirements for business-to-business relationships, which means hospitals will need to closely reexamine their service contracts, including registries or other staffing companies.

To help you and your staff make sense of it and the many other labor laws enacted this year, CHA will host a webinar on Oct. 30, and next week we’ll be sharing more details and insight about AB 5.

Before it passed the Legislature, CHA joined a large employer coalition to advocate for changes to the bill, and we made headway toward helping lawmakers understand that eliminating employment choice for health care professionals threatens access to care.

As we presented amendments that would have exempted health care workers, the political environment at the Capitol deteriorated. Other industries threatened lawsuits and initiatives, and the bill’s proponents refused to take any more amendments. The progress we’d made was thwarted.

Despite the negative outcome, the advocacy and education work this year laid an important foundation for what happens next. Many legislators heard that if hospitals can’t call on specialty care professionals such as occupational or physical therapists (because they aren’t employees), hospitals will lose flexibility in responding to quickly changing patient needs.

We also saw wide coverage of our messages in statewide news outlets, and we made a strong statement when nearly 60 health care professionals whose jobs would be directly affected converged on the state Capitol for meetings in 30 different lawmakers’ offices.

We’ll build on that work in 2020 to clarify the use of independent contractors for hospitals and health professionals.

Protecting patients in California by preserving their access to all health care professionals — when and how they need them — is too important to leave uncertain.

— Carmela

Executive Order Directs HHS to Implement Market-Based Reforms to Medicare

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President Trump has issued an executive order instructing the Department of Health and Human Services (HHS) to pursue policies to strengthen the Medicare program “through alternative payment methodologies that link payment to value, increase choice, and lower regulatory burdens imposed upon providers.”