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Date ArticleType
9/20/2016 Regulatory
Update on AHCA meeting with OIRA on Requirements of Participation

On September 12, AHCA staff, along with Janet Snipes (Chair of the Survey/Regulatory Committee and administrator of Holly Heights Nursing Center) and Susan Overton (Legal Counsel with Genesis) met with the Office of Information and Regulatory Affairs (OIRA),  the office within the Office of Management and Budget that is responsible for the final review of regulations before they are published in the Federal Register. The following topics were discussed:

1. Minimum Staffing Ratios – AHCA asked CMS to refrain from mandating staffing ratios, and instead allow for flexibility
2. Arbitration – AHCA asked CMS to refrain from promulgating any arbitration regulation, as it lacks the statutory authority to do so
3. Implementation Costs and Timing – AHCA asked CMS to reconsider its implementation costs, as it has grossly underestimated those costs, and allow a significant phase-in of the rule to allow for adequate time to implement the sweeping changes

Both Janet and Susan were excellent representatives for AHCA members, and the two OIRA individuals in the room, and 4 people on the phone (1 HHS, 3 OIRA and no CMS), were more interactive than expected. It is impossible to know the ultimate result of the visit, however AHCA staff believe the meeting was positive and that the concerns raised were heard and understood by OIRA staff.