December 8, 2023

Healthcare Authority Newsletter - December 2023 #1

W. Jerad Rissler

Arnall Golden Gregory LLP

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News Briefs

Court Rules Nursing Homes Can't Face Retroactive COVID Suits

A state appeals court has rejected arguments that nursing homes sued for negligence in COVID-related cases early in the pandemic could be forced to face trial after a later revocation of a legal shield. COVID immunity laws were adopted by at least 38 states during the height of the pandemic.

(Source: McKnight's Long-Term Care News, 2023-12-04)

Amid the rapid growth of what it calls "augmented intelligence" in healthcare, the American Medical Association has issued a set of principles to channel the technology's development and use in ways that maximize its benefits and minimize potential harm to patients and clinicians. AMA President Jesse M. Ehrenfeld, M.D., M.P.H. said the principles will guide the AMA's discussions with lawmakers and industry stakeholders on policies to regulate the development and use of AI in healthcare.

(Source: Medical Economics, 2023-11-30)

The U.S. Department of Health and Human Services warned hospitals to patch the critical 'Citrix Bleed' Netscaler vulnerability actively exploited in attacks. Ransomware gangs are already using Citrix Bleed (tracked as CVE-2023-4966) to breach their targets' networks by circumventing login requirements and multifactor authentication protections.

(Source: Bleeping Computer, 2023-12-02)

Companion legislation to block the nursing home minimum staffing proposal is due to be introduced by Sen. Deb Fischer (R-NE) -- more co-sponsors are anticipated, delaying the bill's introduction. The upcoming legislation will coincide with H.R. 5796, Protecting Rural Seniors' Access to Care Act.

(Source: Skilled Nursing News, 2023-11-29)

Federal officials have extended the application period for Making Care Primary, a new value-based care program that will develop in eight states over the next decade. Making Care Primary will run July 2024 to December 2034 as a multi-payer model that builds on lessons learned in the CMS Innovation Center's prior advanced primary care models.

(Source: Medical Economics, 2023-12-01)

While telehealth use has dropped nearly 25 percentage points from peak usage in 2020, certain specialties, like mental health, infectious disease, and obstetrics, still have higher-than-average telehealth use, according to new data. The data from Epic Research aims to provide insights into telehealth use trends across specialties in 2023 compared to before and during the peak of the COVID-19 pandemic.

(Source: mHealthIntelligence, 2023-12-01)

Escalating reimbursement delays and declining cash reserves are placing hospitals and health systems across the nation in a precarious financial predicament, according to data from Syntellis Performance Solutions' analysis of 1,300 hospitals. The median health system witnessed a significant decline in cash reserves, measured as days cash on hand, plummeting by 28 percent, from 173 days in January 2022 to 124 days in June 2023.

(Source: Healthcare Finance News, 2023-11-30)

Having a solid understanding of worker priorities will give hospices an advantage in hunting for new recruits as workforce shortages continue. Hospices are entering a "new normal," and many are reshaping their recruitment and retention strategies, according to Lynne Sexten, president and CEO of Agrace Hospice & Supportive Care.

(Source: Hospice News, 2023-11-30)

Hourly pay rates for licensed practical nurses (LPNs) at home health agencies increased nearly four percent from 2022 to 2023. But turnover rates for RNs, LPNs, and home care aides declined for the second year in a row, clocking in at 28 percent in 2023. RN turnover rates dropped below 30 percent, which is an encouraging sign for the industry, as that number is approaching pre-pandemic levels.

(Source: Home Health Care News, 2023-11-28)

Real-time location system (RTLS) technology has long been used to keep track of objects, supplies, medicines, and even staff and patients within the healthcare space. Now some organizations are using the platform to map out provider workflows and patient journeys.

(Source: HealthLeaders Media, 2023-11-29)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.