Literature Review

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. ...

New administration’s appointees confirmed to lead key health agencies Association for Clinical Oncology (ASCO); Press Release; 4/3/25 Several presidential appointees have been confirmed to lead key health agencies that the Association for Clinical Oncology (ASCO) will work with during the new administration. These include:

Dr. Oz nomination to lead CMS advances in Senate vote    Modern Healthcare; by Michael McAuliff; 4/3/25 The Senate on Thursday advanced the confirmation of former television host Dr. Mehmet Oz to lead the nation's largest healthcare agencies by serving as administrator of the Centers for Medicare and Medicaid Services. Lawmakers voted 50 to 45 to advance the nomination to a final vote, which is expected Thursday afternoon.  ... He will assume control of an agency in flux that impacts some 160 million Americans and with a budget of around $1.7 trillion. Health Secretary Robert F. Kennedy Jr. is attempting to cut some 20,000 employees across the the Health and Human Services Department while Congress is weighing budget proposals that are likely to require deep cuts in Medicaid. [Continue reading ...]

Mass layoffs hit workers at HHS; sweeping cuts extend to CDC, NIH, FDA: Recap USA Today; by Sarah D. Wire, Josh Meyer, Bart Jansen, Ken Alltucker, Cybele Mayes-Osterman, Eduardo Cuevas, Sudiksha Kochi, Adrianna Rodriguez and Terry Collins; 4/1/25Mass layoffs began Tuesday at the Centers for Disease Control and Prevention and at the Food and Drug Administration, the first steps in a plan to cut 10,000 jobs at the Department of Health and Human Services. The department responsible for overseeing protection for Americans' health, food and drug supplies and Medicare and Medicaid is also closing its internal agencies that are focused on older adults and people with disabilities. It's also getting rid of its offices tackling HIV and improving minority health. Staff had to present their badges at the building entrance and those who had been fired were given a ticket and told to return home. More than 100,000 federal workers have already lost their jobs in the last two months as part of President Donald Trump and billionaire Elon Musk's efforts to shrink staffing levels in federal departments and agencies. Tens of thousands more are expected as more agencies implement their reduction in force, or RIF, plans in the coming weeks.

Kennedy slashing 10,000 jobs in health department overhaul USA Today, Washington, DC; by Joey Garrison; 3/27/25 Health and Human Secretary Robert F. Kennedy Jr. said Thursday he will cut about 10,000 full-time jobs from the Cabinet department in a dramatic reduction that includes closing half its regional offices as part of a wider Trump administration overhaul of the federal government. Combined with HHS employees who previously accepted buyouts and others who were already fired, the agency's workforce will be sliced by one-quarter from 82,000 full-time employees to 62,000 since President Donald Trump returned to the White House. The Department of Health and Human Services ‒ which oversees the Centers for Disease Control and Prevention and Centers for Medicare and Medicaid Services ‒ will consolidate the agency's 28 divisions into 15 new divisions in Kennedy's shakeup. ... Among the cuts in key divisions:

RFK Jr. continues pioid Crisis PHE into its eighth year Inside Health Policy; by Dorothy Mills-Gregg; 3/19/25 HHS Secretary Robert F. Kennedy Jr. recently renewed the department’s longest ongoing public health emergency (PHE) first declared under the first Trump administration: the opioid abuse crisis. While the Centers for Disease Control and Prevention found a 25.5% decrease in overdose deaths in 2024 compared to the previous year, HHS says the opioid PHE needs to be renewed for another 90 days so federal coordination efforts can continue and key flexibilities for HHS will be preserved.Editor's note: How recently have you reviewed your Policies & Procedures for destroying drugs in the patient's home, upon death--in accordance with state laws? For staff education and accountability? For communicating this with family? For assessing possible drug diversion of opioids, with appropriate follow-up actions? Additionally, numerous hospice bereavement programs have been flooded with grief needs of bereaved family members from opioid deaths. Click here for the U.S. Department of Justice's Drug Enforcement Administration - Diversion Control Divsion; more focused, scroll down to their "Home Disposal Methods."

OIG Nursing Facility Compliance Program Guidance: Renewed focus on fraud and abuse McDermott Will & Emery, Chicago, IL; by Gregory E. Fosheim, Monica Wallace, Dexter Golinghorst, and Brigit Dunne; 3/11/25 The US Department of Health and Human Services Office of Inspector General’s (OIG’s) release of Nursing Facility Industry Segment-Specific Compliance Program Guidance (ICPG) for the first time since 2008 reemphasizes the importance of billing and coding and fraud and abuse compliance for nursing facilities and skilled nursing facilities (SNFs). This On the Subject is the second in a two-part series summarizing highlights of the Nursing Facility ICPG. This installment focuses on OIG’s recommendation that nursing facilities comply with existing billing rules and analyze referral source arrangements for compliance with fraud and abuse laws. [Click on the title's link for this significant information.]

HHS scraps transparency practices for policymaking Modern Healthcare; by Bridget Early; 2/28/25The Health and Human Services Department is abandoning a Nixon-era practice that offered transparency into federal policymaking in a move that limits the public and the healthcare sector's ability to influence government actions. Instead, HHS intends to comply with the bare-minimum requirements of the Administrative Procedures Act of 1946, or APA, and only engage in the traditional notice-and-comment process as expressly dictated by that law, Secretary Robert F. Kennedy Jr. wrote in a policy statement published Friday [2/27]. HHS had followed the now-defunct guidelines for 54 years.

5,200 job cuts at HHS: What to know Becker's Hospital Review; by Madeline Ashley; 2/14/25 The Trump administration on Feb. 13 ordered HHS to lay off "nearly all" of its 5,200 probationary employees, The Associated Press reported Feb. 14. In a National Institutes of Health department meeting recording obtained by the AP, an NIH office director said some probationary employees with specialized skills might be retained. Affected employees were notified via email on the afternoon of Feb. 13. Many probationary employees are people who have worked for the federal government for about one to two years, before gaining civil service protections. Some probationary employees are veteran staffers who may have been recently promoted, according to the AP.

Trump freezes HHS communications: report Modern Healthcare Alert; by Bridget Early; 1/22/25 The Health and Human Services Department and its agencies are going silent for now, according to the Washington Post. On Tuesday, the day after President Donald Trump's inauguration, HHS received an order to halt all outbound communications, including health advisories, weekly reports, research, website updates and social media posts, the newspaper reported. The Washington Post reports that the pause has no definitive end date and that the decree does not specify whether exceptions will be made for disease outbreaks or other urgent situations. The directive applies to agencies such as the Centers for Medicare and Medicaid Services, the Food and Drug Administration, the Health Resources and Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health and the Substance Abuse and Mental Health Services Administration.

CMS Health Equity Data Book U.S. Centers for Medicare and Medicaid Services - Office of Minority Health; by CMS Office of Minority Health; published December 2024, email notifications 1/15/25 One of the six pillars of the Centers for Medicare & Medicaid Services (CMS) 2023 Strategic Plan is to, “Advance health equity by addressing the health disparities that underlie our health system.” The CMS Office of Minority Health (OMH) aims to advance health equity by providing broader access to data about the state of health equity across CMS’ programs. This Data Book presents summary information on disparities within CMS programs as demonstrated by data related to prevalence. ... This Data Book is intended for use as a readily-available information source on health disparities within the Medicare, Medicaid, and the Health Insurance Marketplace populations. This Data Book is organized into five key sections – CMS at a Glance, Demographics, Chronic Conditions, Behavioral Health, and Social Determinants of Health – so that Data Book users can jump to the section most relevant to their data needs. Within each section, data are presented by each population type.

ASTP Rule codifies requirements for TEFCA-Qualified health information networks McDermott Will & Emery, Washington, DC; by James A. Cannatti III, Jennifer S. Geetter, and Nathan Gray; 1/15/25 On December 16, 2024, the US Department of Health and Human Services (HHS) Assistant Secretary for Technology Policy/Office of the NationaTl Coordinator for Health Information Technology (ASTP) published the Health Data, Technology, and Interoperability: Trusted Exchange Framework and Common Agreement (TEFCA) final rule in the Federal Register as part of its continued focus on improving information sharing among healthcare stakeholders. Rather than codifying comprehensive substantive and procedural requirements for entities participating in TEFCA, the final rule provides a flexible framework establishing how such decisions will be made in current and future subregulatory documents.