June Regulatory Update

Here is our monthly regulatory update. See below for changes from several states introducing legislation. A big thanks to our compliance team, who monitors state, federal, and international updates.

Centers for Medicare & Medicaid Services:

The US Department of Health and Human Services has issued a final rule update concerning guidelines for COVID-19 vaccination requirements for Long-Term Care Facilities (LTC) and Intermediate Care for Individuals with Intellectual Disabilities (ICFs-IID). The rule adjusts previous requirements and recommendations concerning vaccination for staff of these facilities:

• It removes expired language addressing staff/patient COVID-19 testing requirements issued in guidelines from September 2, 2020 in “Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency”.
• It finalizes requirements to provide education about COVID-19 vaccines, and to offer vaccines to residents, clients, and staff.
• It withdraws the regulations issued in the interim final rule published November 5, 2021 in “Omnibus COVID-19 Health Care Staff Vaccination”.
• It finalizes provisions published May 13, 2021 in “COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals with Intellectual Disabilities”.

This final rule will be published to the Federal Register on June 5, 2023 and will be effective on August 4, 2023.

CMS Final Rule 88 FR 36485

Nurse Licensure Compact: 

The Nurse Licensure Compact (NCL) has proposed changes to the NLC Final Rules.The proposed rule changes are open for public comment between April 18, 2023 and June 26, 2023 which can be submitted on the NLC website.

Changes include:

• Definition updates.

• Edits for clarification to better align with established statutes and to remove outdated or irrelevant information.
• Rule added concerning reported information on nurse alternative programs approved by state licensing boards (§201, Rule 5)
• Rule added requiring all party states to participate in a coordinated licensure information system for RN and LPN nurses. (§203)
• Updates to the Legacy Clause and transition process for previously held multistate processes. Also the removal of obsolete and irrelevant information. (§302)
• Updates for new party states implementation dates. (§303, Rule 2)
• Updates for multistate applicants allowing 60 days to apply for a new multistate license when moving from one party state to another. (§402, Rule 2)
• Rule added for current enrollment and participation in alternative programs. (§410)

NLC Proposed Rules Changes

Iowa:

The Iowa Board of Pharmacy has issued a notification that their online payment processing system was not working between 5/31/2023 and 6/6/2023. If online applications and payments were submitted during this time period, please do not resubmit without checking the status of the license or registration. Board staff are manually updating records from this time period.

Payment Systems Notice

The Iowa Board of Pharmacy has made the following updates and amendments to the board administrative rules. All are effective July 5, 2023.

• Controlled Substance registrations may be issued to a business location if it is impractical to require each individual practitioner to register separately of the business. Examples of such businesses include ambulatory surgical centers, dialysis centers, federally qualified health centers, and stand alone clinics associated with a hospital system. Registrations under this rule are determined on a case-by-case basis. ARC 7025C
• Four substances have been temporarily added to Schedule I of controlled substances. One substance was excluded from Schedule II, and one added as a precursor substance. This was added in response to a similar action taken by the US DEA. ARC 7026C
• Licensing requirements for military veterans and active-duty military spouses have been revised and updated to implement the license-related provisions of 2022 Iowa Acts, Senate File 2383. ARC 7027C

Maryland:

HB0633 has passed the Maryland Legislature. It requires that the credentialing reappointment process for physician staff includes certain minimum standards for hospitals licensed in the state be conducted in accordance with standards of the accreditation body that accredits a hospital, rather than every 2 years. This goes into effect October 1, 2023.

MD HB0633

Pennsylvania:

Legislation has been proposed to amend the Medical Practice Act of 1985. The additions would allow a physician to not disclose a complaint filed against them if the board determines that no disciplinary action is necessary and the complaint file is closed without any disciplinary or corrective action against the physician.

PA SB674 | PA SB677

The following state legislatures have adjourned the current regular legislative session: 

Alaska

Arizona

Arkansas

Colorado

Florida

Georgia

Hawaii

Idaho

Indiana

Iowa

Kansas

Kentucky

Maine

Maryland

Minnesota

Mississippi

Missouri

Montana

New Mexico

North Dakota

Oklahoma

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wyoming

The following state legislatures regular legislative session will adjourn during June: 

Alabama

Connecticut

Louisiana

Nebraska

Nevada

Oregon

South Carolina

Disclaimer: This information has been gathered from a variety of sources. Although Verisys has made every effort to provide complete, accurate and up-to-date information, Verisys makes no warranties, express or implied, or representations as to the accuracy or reliability of this information. The information is fluid and evolving. Verisys assumes no liability or responsibility for any errors or omissions in the information contained in this resource