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The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has issued a Final Rule to advance equity and bolster protections for people with disabilities. The final rule, Discrimination on the Basis of Disability in Health and Human Service Programs or Activities, updates, modernizes, clarifies, and strengthens the implementing regulation for Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination on the basis of disability in programs and activities that receive Federal financial assistance.
The historic rule provides robust civil rights protections for people with disabilities in federally funded health and human services programs, such as hospitals, health care providers participating in CHIP and Medicaid programs, state and local human or social service agencies, and nursing homes. Reflecting on over 50 years of advocacy by the disability community, it advances the promise of the Rehabilitation Act and helps to ensure that people with disabilities are not subjected to discrimination in any program or activity receiving funding from HHS. This final rule is consistent with Section 504 statutory text, congressional intent, legal precedent, and the Biden-Harris Administration’s commitment to advancing equity and civil rights.
The Office of Developmental Programs (ODP) has received approval from the Centers for Medicare & Medicaid Services (CMS) to make one-time payments for workforce recovery efforts. Payments will be calculated at 6% of the fee schedule revenue received for services rendered between July 1, 2023, through December 31, 2023, for the waiver services listed in the announcement. Don’t miss this opportunity for additional funding for your organization!
The intent of these funds is to assist providers in covering costs related to staffing programs and services. Other than the restriction that payments may not be used to increase or supplement compensation for agency executive staff, there are no specific restrictions, timeframes, or reporting due for these funds other than completing the ODP Workforce Recovery Supplemental Payments survey. ODP has indicated that this revenue would be considered similar to any other service revenue and advises providers to keep a record of how funds were used in the event that they are reviewed as part of the normal claim review process.
As of the morning of May 6, 2024, ODP has received requests from 350 providers. If your MPI is on this file, this will serve as confirmation that your agency’s request has been received. ODP will release a similar file next week prior to the deadline. Late requests will not be accepted. Providers must request the subject payments no later than May 15, 2024. See ODP Announcement 24-041 for additional information.
For any questions, contact Carol Ferenz.