Literature Review

70% of Americans oppose Medicare home health cuts, national poll finds National Alliance for Care at Home, Alexandria, VA and Washington, DC; Press Release; 9/4/25A new national poll by Fabrizio Ward, commissioned by the National Alliance for Care at Home (the Alliance), finds that seven in ten Americans oppose the Centers for Medicare & Medicaid Services’ (CMS) 2026 Medicare home health proposed rule, which would slash Medicare home health funding by an additional 9%, or $1.1 billion, next year. These cuts would put lifesaving home health care for millions of Americans at risk, particularly seniors and those with disabilities, while doing nothing to address fraud, waste, and abuse occurring in the home health payment system.  

IL law calls for annual report on prison hospice, palliative care WAND News, Springfield, IL; by Mike Miletich; 8/15/25 Gov. JB Pritzker signed a bill into law Friday to require the Illinois Department of Corrections report data on hospice care available for prisoners. More than 1,000 Illinois prisoners are 65 or older, and a growing number of those people are in need of end-of-life care and support services. The Department of Corrections does not have a formal hospice program, as end-of-life care is provided on a prison by prison basis. 

Hospital decision-making and adoption of health-related social needs programs in US hospitalsJAMA Network Open; by Dina Zein, Cory E. Cronin, Neeraj Puro, Berkeley Franz, Elizabeth McNeill, Ji E. Chang; 6/25In response to health disparities in the US, the Centers for Medicare & Medicaid Services (CMS) released a Framework for Health Equity recommending increased hospital commitment and leadership engagement around screening for health-related social needs (HRSNs). This cross-sectional study found that hospitals with multiple layers of management engagement tended to adopt multifaceted strategies that address patients’ social needs, which are critical components of health equity frameworks. Interestingly, hospitals where only senior management was involved were more likely to offer specific programs like food insecurity and transportation services, although these associations were generally smaller compared with when both senior and other management were engaged.

20 states sue after the Trump administration releases private Medicaid data to deportation officials Associated Press (AP), Washington, DC; by Amanda Seitz and Kimberly Kindy; 7/1/25The Trump administration violated federal privacy laws when it turned over Medicaid data on millions of enrollees to deportation officials last month, California Attorney General Rob Bonta alleged on Tuesday, saying he and 19 other states’ attorneys general have sued over the move. Health secretary Robert F. Kennedy Jr.’s advisers ordered the release of a dataset that includes the private health information of people living in California, Illinois, Washington state, and Washington, D.C., to the Department of Homeland Security, The Associated Press first reported last month. All of those states allow non-U.S. citizens to enroll in Medicaid programs that pay for their expenses using only state taxpayer dollars.

40 years after Karen Ann Quinlan’s death, NJ right-to-die case still stirs strong emotions New Jersy Herald; by William Westhoven; 6/4/25 ... Today, Americans are free to declare those rights [about dying] in the form of advance directives such as a living will. For that, we have one New Jersey family to thank: the parents and siblings of Karen Ann Quinlan, whose faith carried them through the arduous process of turning their tragedy into a legal victory that changed the way Americans approach the end of life. They were aided by a collection of attorneys and judges on both sides of the life-or-death case who chose to work "as adversaries but not enemies." Karen, then 21, fell into an irreversible coma after attending a party in Sussex County on April 15, 1975. She died 40 years ago, on June 11, 1985, in a Morris County nursing home.Editor's note: I remember this. Do you? In the midst of today's MAiD legislation, lobbying, and often highly inflammatory stances, I'm struck by this article's description, "They were aided by a collection of attorneys and judges on both sides of the life-or-death case who chose to work "as adversaries but not enemies." Yes, strong emotions and beliefs still drive both sides. Yes, we still choose how to work together. 

Colorado end-of-life care residency requirement challenged Bloomberg Law; by Ryan Autullo; 5/22/25 A terminally ill Minnesota man is asking a federal court to let doctors in Colorado administer drugs to him so he can die peacefully there, a challenge to the state’s residency requirement in accessing end-of-life care. Prohibiting Colorado doctors from giving non-residents drugs to ease suffering in their final months is unconstitutional, lawyers for Jeff McComas wrote in a complaint filed Thursday in the US District Court for the District of Colorado.

New York bill aims to ban new for-profit hospices amid fraud concerns CBS WRGB-6, Albany, NY; by Lara Bryn; 5/14/25 A new bill awaiting the governor's signature could ban the establishment of new for-profit hospices in New York, a move lawmakers and industry experts say is necessary to improve care quality and prevent potential fraud. ... The bill has already passed in both the state Senate and House. The push for this legislation comes in part due to findings from national studies by the American Medical Association and ProPublica, which highlighted issues in for-profit hospice care. ... Jeanne Chirico, CEO of the Hospice and Palliative Care Association of New York State, said, "To try and make a quick turnaround of profit either through falsifying eligibility records or by fraudulently submitting records for individuals who never even knew they were on hospice." Chirico noted a case where a New York Medicare recipient was unknowingly enrolled in a hospice-certified program based in California. 

Courts diverge in challenges to CMS's minimum staffing requirements for LTC facilities JD Supra; by Kayla Stachniak Kaplan, Scott Memmott, Sydney Menack, Jonathan York, Howard Young; 4/30/25On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our prior blog post, the Final Rule was immediately challenged under the Administrative Procedure Act (APA) in two major lawsuits. These cases have resulted in divergent rulings, injecting more uncertainty across the LTC industry about the future of the application and validity of the Final Rule. ... This and further developments in these cases will have significant impact on the future of CMS’s oversight of the country’s nursing homes.

Health sector answers Trump's call for deregulation ideas Modern Healthcare; by Bridget Early; 4/29/25 The Trump administration wants the healthcare industry to recommend rules and regulations to toss. Trade groups representing hospitals, health insurance companies and others have ideas. The White House, the Centers for Medicare and Medicaid Services and other parts of the federal government are seeking suggestions to guide President Donald Trump's campaign to radically restructure and diminish the federal government. ... CMS included a request for information in Medicare payment rules the agency proposed this month. Comments are due June 10.

What's at stake if CDC's Infection Control Practices Committee is cut MedPage Today; by Alexander Sundermann, DrPH; 4/17/25 Whether you are placing a central line, managing a Clostridioides difficile case, or keeping a surgical field sterile, you're likely following standards influenced by the Healthcare Infection Control Practices Advisory Committee (HICPAC). While it may not be widely known outside of infection prevention circles, HICPAC plays a central role in shaping the evidence-based guidelines that frontline clinicians use every day to protect both patients and healthcare workers. ... Frontline clinicians ... rely on HICPAC guidance every day. Its recommendations shape the protocols used to prevent device-related infections, respond to emerging outbreaks, and meet regulatory and accreditation requirements. ...Eliminating HICPAC wouldn't just slow progress -- it would erode the foundation of infection prevention in U.S. healthcare.

Attorney General Platkin co-leads multistate effort to protect Affordable Care Act from attack State of New Jersey - Department of Law & Public Safety, Trenton, NJ; Press Release by the Office of the Attorney General, Matthew J. Platkin; 4/14/25  Attorney General Matthew J. Platkin, along with the Attorneys General of California and Massachusetts, co-led a multistate letter regarding a raft of proposed changes that would undermine the Affordable Care Act (ACA), making it more difficult and expensive for individuals to enroll in health coverage on federal and state exchanges. The U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would make a number of regulatory changes impacting access to insurance via the ACA. If allowed to take effect, the proposed changes would reduce access to ACA exchanges and risk causing between 750,000 and two million Americans to lose health insurance coverage in 2026. That would impose harms on States and their residents, both insured and uninsured, as when more individuals are forced to go without insurance, costs are driven up for everyone.

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: