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Tags Posts tagged with "Memorandum"

Memorandum

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Photo by René DeAnda on Unsplash

RCPA provided some late updates yesterday on the Federal funding freeze, and late last evening, the National Council for Mental Wellbeing provided members a legal interpretation on the rescinding of the Office of Management and Budget (OMB) M-25-13 and the issuance of the new memorandum M-25-14.

The following is from the National Council:

On Wednesday afternoon, the White House Office of Management and Budget issued a new memorandum—M-25-14 — that rescinded the pause to federal funding contemplated in a previous memorandum first issued on Monday night.

The new memorandum, which was directed to “heads of executive departments and agencies,” features a two-sentence statement reading: “OMB Memorandum M-25-13 is rescinded. If you have questions about implementing the President’s Executives Order, please contact your agency General Counsel.”

In the short term, M-25-14 certainly relieves some of the confusion and anxiety that swept across the federal grants world since Monday night. Our previous client alerts have chronicled the chaos that emerged late Monday and throughout the day on Tuesday.

However, in our review, there are still five key Executive Orders issued by the Trump Administration not affected by the rescission of M-25-13. Those EOs include:

While the upheaval following the issuance of M-25-13 may have prompted the Trump Administration to change course and move away from pausing all federal funding, we certainly anticipate that federal grants in the above-listed areas will remain subject to a comprehensive review and new standards. Federal grantees with programs in these specific areas should undertake a detailed review and be prepared for future agency actions.

Federal grantees should continue to keep apprised of the Administration’s actions, orders, and statements relating to federal funding — as the rescinded memorandum likely foretells future clashes as the Administration attempts to exert control over federal spending.

Chuck Ingoglia
President & CEO
Strategic Leadership
National Council for Mental Wellbeing

In addition, ANCOR sent the following information last night:

In what’s turning from a whirlwind couple of days into a whirlwind week, there were notable updates today on the OMB memo on the freeze of certain federal funding issued earlier in the week. 

Today OMB withdrew the memo with a simple rescission statement after a federal judge temporarily blocked the funding freeze for open awards and current spending. The order remains in effect until February 3 when a hearing is scheduled to determine next steps.  

As you may have seen, later in the day, Press Secretary Karoline Leavitt posted to X, “[t]his is NOT a rescission of the federal funding freeze. It is simply a rescission of the OMB memo. Why? To end any confusion created by the court’s injunction. The President’s EO’s on federal funding remain in full force and effect, and will be rigorously implemented.” Without further specificity regarding the implicated executive orders, the situation remains fluid with the potential for later memos or other interpretive guidance which the White House maintains is authority held within the executive branch.

In other litigation, U.S. District Judge Jack McConnell made statements in court today indicating that another restraining order may be coming. With the memo rescinded, the Department of Justice Special Counsel argued the case is no longer relevant. However, the judge did not appear persuaded and asked for a draft protective order for response and consideration. 

We’ll continue to keep you posted as we know more and hope to see you Friday (1/31) for our extended Members-Only Weekly Briefing at 12:30 pm ET to provide updates and review all available information together. See login information below:
Join Zoom Meeting: ancor-org.zoom.us/j/… 
Meeting ID: 870 2745 7284 
Passcode: 977618 

In recent communications from the OMB, these actions will not impact programs that provide direct benefits to individuals and are explicitly excluded from the pause and exempted from this review process. In addition to Social Security and Medicare, already explicitly excluded in the guidance, mandatory programs like Medicaid and SNAP will continue without pause.

RCPA will continue to communicate new developments with members as they emerge. If you have any questions, please contact your RCPA Policy Director.

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The Centers for Medicare and Medicaid Services (CMS) issued a Memorandum entitled, “Updates to the Condition of Participation (CoP) Requirements for Hospitals and Critical Access Hospitals (CAHs) to Report Acute Respiratory Illnesses,” back in October 2024. This memorandum provided updates and clarifications to the ‎Respiratory Reporting Requirements included in the FY 2025 Inpatient Prospective Payment System ‎‎(CMS-1808-F) Final Rule in the Federal Register (89 FR 68986).‎

The Memorandum provides guidance indicating that “Psychiatric Hospitals, Rehabilitation Hospitals, ‎Psychiatric Hospital Distinct Part Units, and Rehabilitation Hospital Distinct Part Units will report ‎once, annually, beginning in January, and only include the data for the previous week.”‎

The Memorandum also provides guidance on what the information collection will require:

  • One-Day-a-Week Snapshot
    • Staffed bed capacity and occupancy including adult and pediatric
    • Hospitalizations prevalence by respiratory illness and bed type
  • Weekly Total New Hospital Admissions
    • Total new hospital admissions for adult and pediatric patients by age range, over a defined weekly period

Additional information regarding the Hospital Respiratory Reporting requirements are also available on the Hospital Respiratory Data web page of the Centers for Disease and Prevention (CDC) website. The CDC will also be making changes to the reporting protocol and training information based ‎upon this modification in requirements.‎

Members are encouraged to closely review both the Memorandum from CMS and the information on the reporting requirements posted on the CDC website.

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Please read the revised/updated memorandum regarding the Pennsylvania Department of Human Services’ Office of Mental Health and Substance Abuse Services (OMHSAS) Outpatient Competency Evaluation Program (OCEP). For those who are unfamiliar with OCEP, see below for a brief summary:

“The Pennsylvania Department of Human Services’ Office of Mental Health and Substance Abuse Services (OMHSAS) administers the Outpatient Competency Evaluation Program (OCEP) for individuals who are facing unadjudicated charges and are incarcerated in a Pennsylvania county jail/prison, State Correctional Institution (SCI), or awaiting trial in the community. These court-ordered competency evaluations can be performed inpatient via Regional Forensic Psychiatric Centers (RFPC) or via the OCEP, which is the preferred method, so that individuals who have pending criminal charges can receive services in a more timely manner, rather than waiting for admission to an RFPC. These evaluations are performed by psychologists or psychiatrists who are contracted by OMHSAS and are independent, unbiased assessments of competency.”

This revised memorandum has been issued by Mr. Philip E. Mader, Director of OMHSAS’s Bureau of Community and Hospital Operations, and Dr. Dale Adair, OMHSAS’s Chief Psychiatric Officer. This revised memorandum aims to reduce some of the administrative burden and to ensure that all staff working within OCEP receive all of the necessary information to complete and distribute final competency evaluation reports.

Included in the memorandum and provided as separate fillable PDF documents are the OCEP Referral Form and the OCEP Rescind Form, both of which are used to gather and submit information necessary to complete an Outpatient Competency Evaluation.

We would also ask that any agency referring individuals to the OCEP for evaluation please submit complete “referral packet(s)”, which includes the following information/documentation:

  • A completed, signed, and dated referral form: Rev. – March 2022; (Attachment 1)
  • A Pennsylvania Court Order for a Competency Evaluation;
  • The Criminal Complaint and Affidavit of Probable Cause for all pending charges; and
  • Supporting medical/psychiatric records as outlined on page 5 of the OCEP Referral Form Rev. – March 2022 (Attachment 1).

Any “referral packet(s)” that are submitted via email and are found to be lacking any required information will be returned via email with the missing information highlighted, along with a request to resubmit the “referral packet(s)” when the missing information is obtained.

If you have any questions or concerns related to OMHSAS’s OCEP, please email. You can also submit any completed OCEP referral forms and associated documentation to the same email resource account.

If you have any additional questions, please contact RCPA Policy Director Jim Sharp.

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CMS has released an official memorandum stating that it has suspended activities related to the implementation and enforcement of this vaccine mandate rule pending future developments in the litigation.

Memorandum Summary             

Survey and Enforcement of the Vaccine Requirement for Health Care Staff in Medicare- and Medicaid-certified Providers and Suppliers Suspended While Court-Ordered Injunctions Are in Effect:

The Centers for Medicare & Medicaid Services (CMS) will not enforce the new rule regarding vaccination of health care workers or requirements for policies and procedures in certified Medicare/Medicaid providers and suppliers (including nursing facilities, hospitals, dialysis facilities, and all other provider types covered by the rule) while there are court-ordered injunctions in place prohibiting enforcement of this provision.

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