Trustees Newsletter Articles
Federal Congressional Update

Washington2 (August 2022) – Congress is now shut down for its August recess, giving individuals up for reelection some much-needed face time with voters. KHA will send out notices for congressional roundtables with our delegation members in the coming weeks; so, check your email and the VoterVoice app for updates.

The most pressing issue in Washington D.C. is the federal budget. Most individuals agree we will see Congress pass a continuing resolution in September that lasts until after the November elections and possibly until 2023. These negotiations may prove difficult and slow due to election results and abortion budgetary provisions in a post-Roe environment. In light of this delay and the fact that a Build Back Better "light" bill is poised to pass Congress soon, discussions on a tax extender's bill to address pressing end-of-the-year issues like the 4 percent sequester cliff have begun to percolate. The Kansas Hospital Association continues to relate to our delegation how important it is to fix this problem before the end of the year.

Beyond the budget, this week saw movement on several bills of interest to hospitals. First, the Advancing Telehealth Beyond COVID Act of 2021, which would introduce permanent Medicare telehealth flexibilities, passed the House on Wednesday. Second, the Improving Seniors Timely Access to Care Act, which has a companion bill introduced by Senator Roger Marshall, MD, in the Senate, would establish an electronic prior authorization program for Medicare Advantage plans. It was passed by the House Ways and Means Committee on Wednesday.

KHA also has been closely following the regulatory process in D.C. We were pleased five of our six delegation members agreed to join their colleagues in signing a dear colleague letter to Centers for Medicare & Medicaid Services Administrator Brooks-LaSure expressing concern about the inadequacy of the payments proposed in the 2023 Inpatient Prospective Payment System proposed rule. In addition, we are reviewing the Rural Emergency Hospital proposed regulations to provide comments as the implementation of this new model moves forward and is scheduled to begin in January 2023. Finally, we are paying close attention to the impending issuance of a final rule on surprise billing as we continue to argue against median in-network rates as the primary means of determining payments.

Lastly, we continue to work with the Kansas Department of Health and Environment and CMS to gain final approval of the changes to our provider assessment program that became possible with the June 17, 2022, approval of the increase to the current KanCare waiver cap. We are grateful to all the members of our congressional delegation and Governor Laura Kelly for being strong partners in helping us move this forward over the last three years. It must be noted that this final approval would not have been possible without the tireless work of Senator Jerry Moran and Governor Kelly through their constant communication with CMS and facilitating several meetings with KHA and the CMS team to move things forward.