Policy Briefs
January 12, 2024
What’s on HHS’ 2024 Regulatory Agenda?
Before heading out for the holidays, the Department of Health and Human Services (HHS) released their 2024 regulatory agenda. HHS included 177 rules currently in the various stages of rulemaking: Prerule Stage, Proposed Rule Stage and the Final Rule Stage. Below are just some of the rules we are watching with their expected due dates – please note, these dates may change.
HHS has committed to releasing proposed payment rules in line with their required statutory deadlines:
Expected April ’24
- FY 2025 Hospital Inpatient Prospective Payment Systems (IPPS) for Acute Care Hospitals; the Long-Term Care Hospital Prospective Payment System
- Episode-Based Payment Model
- FY 2025 Hospice Wage Index, Payment Rate Update, and Quality Reporting Requirements
- FY 2025 Skilled Nursing Facility (SNFs) Prospective Payment System and Updates to the Value-Based Purchasing and Quality Reporting Programs
- FY 2025 Inpatient Rehabilitation Facility (IRF) Prospective Payment System Rate Update and Quality Reporting Program
- FY 2025 Inpatient Psychiatric Facilities Prospective Payment System Rate and Quality Reporting Updates
Expected June ’24
- CY 2025 Hospital Outpatient Prospective Payment System (OPPS) Policy Changes and Payment Rates and Ambulatory Surgical Center (ASC) Payment System Policy Changes
- CY 2025 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medicare Part B
- Medicare Advantage and Medicare Prescription Drug Benefit Program Payment Policy
- CY 2025 Changes to the End-Stage Renal Disease (ESRD) Prospective Payment System and Quality Incentive Program
- CY 2025 Home Health Prospective Payment System Rate Update and Home Infusion Therapy and Home IVIG Services Payment Update
Expected December ’24
- Federal Independent Dispute Resolution Process Fees (Final Rule)
The Department is also working on rules addressing the Social Determinants of Health…
Tobacco Cessation
- Tobacco Product Standard for Nicotine Level of Certain Tobacco Products
(Proposed Rule; April ’24) - Prohibition of Sale of Tobacco Products to Persons Younger Than 21 Years of Age
(Final Rule; April ’24)
Access to Care
- Medications for the Treatment of Opioid Use Disorder (Final Rule; January ’24)
- Streamlining the Medicaid, CHIP, and BHP Application, Eligibility Determination, Enrollment, and Renewal Processes (Final Rule; February ’24)
- Amendments to Rules Governing Organ Procurement Organizations (Proposed Rule; February ’24)
- Rulemaking on Discrimination on the Basis of Disability in Health and Human Services Programs or Activities (Proposed Rule; April ’24)
- Ensuring Access to Medicaid Services (Final Rule; April ’24)
- Provider Nondiscrimination Requirements for Group Health Plans and Health Insurance Issuers in the Group and Individual Markets (Proposed Rule; August ’24)
- Coverage of Certain Preventive Services Under the ACA (Final Rule; August ’24)
… and Health Information Technology.
- Establishment of Disincentives for Health Care Providers Who Have Committed Information Blocking (Proposed Rule; January ’24)
- Standards for Data Exchange (Proposed Rule; May ’24)
- Proposed Modifications to the HIPAA Security Rule to Strengthen the Cybersecurity of Electronic Protected Health Information (Proposed Rule; September ’24)
HHS also has a few promised regulations left over from 2023. The Department still plans to release proposed rules on:
- Health Data, Technology, and Interoperability: Patient Engagement, Information Sharing, and Public Health Interoperability
- Healthcare System Resiliency and Modernization
- Alternative Payment Model: Increasing Organ Transplant Access (IOTA) Model
- Mental Health Parity and Addiction Equity Act and the Consolidated Appropriations Act, 2021