Daily Briefing

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Around the nation: Medicaid work rules head to court


The American College of Physicians and the American Academy of Pediatrics have joined a lawsuit suing CMS over its new Medicaid work requirements, in today's bite-sized hospital and health industry news from Florida, Maryland, and Pennsylvania.

  • Florida: Florida is currently experiencing a large outbreak of dengue fever, with 252 cases and one death reported in the state this year. This is the largest number of cases reported in the continental United States in decades. Dengue fever is transmitted by infected mosquito bites, and while most infected people don't have symptoms, the illness can cause fever, eye and joint pain, nausea, and rash. Hillsborough County has the highest number of cases, with a total of 223 locally spread cases. Amid the outbreak, county officials have declared a state of emergency and are working to control the local mosquito population. According to The Hill, Florida routinely sees some of the highest levels of dengue fever in the continental United States due to the area's warm weather, which is conducive for the breed of mosquitoes that spreads dengue. In the United States more broadly, Puerto Rico has seen higher levels of dengue than Florida. So far, the territory has reported 922 locally acquired cases this year. (Davis, The Hill, 10/3)
  • Maryland: The American College of Physicians and the American Academy of Pediatrics have joined a lawsuit suing CMS over its new Medicaid work requirements, which are slated to go into effect Jan. 1. The lawsuit is led by the National Health Law Program (NHLP) and Democracy Forward. Other plaintiffs include six physician groups, five Medicaid enrollees, and the city of Columbus, Ohio. In the lawsuit, the plaintiffs argue CMS' work requirement rule impermissibly restricts verification and exemption policies, including the "medical frailty" exemption. "Medicaid work requirements do not help people find or keep jobs. They put people's healthcare at risk," said Jennifer Cannistra, NHLP's executive director. "Every additional verification requirement, form, and submission creates another opportunity for an error or misunderstanding to cost someone their coverage." According to Modern Healthcare a similar lawsuit was filed by Democratic state officials in June, with the plaintiffs asking for parts of the regulation to be tossed and the implementation of the rest of the rule delayed. (Early, Modern Healthcare, 9/21)
  • Pennsylvania: The Pennsylvania House has passed a bill requiring hospitals, clinicians, and payers to disclose how they use AI. Under the bill, hospitals, clinicians, and payers are required to publicly disclose how AI is used in their organizations or practice settings. In addition, when AI is used, a human is required to make the final decision on patient care based on an individual assessment. Hospitals and other healthcare facilities would also have to attest to the Pennsylvania Department of Health that their required internal AI governance and AI use comply with existing laws while insurers would make similar attestations to the state's Insurance Department or Department of Human Services. According to state Rep. Bridget Kosierowski (D), who has been a nurse for 30 years, the bill would ensure "experienced healthcare providers oversee AI assessments and make the final decisions concerning a patient's health or healthcare coverage." The bill has now moved to the Pennsylvania Senate for consideration. (Brue, Becker's Health IT, 10/1)

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