Capitol Correspondence - 01.07.19

What’s in the Administration’s Pipeline for 2019? Regulations I/DD Providers Should Look Out For

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In late 2018, the Administration issued many regulatory notices that have 2019 deadlines. In order to plan effectively for their organizations, ANCOR members should look for our updates in the coming months on the following issues:

  • HIPAA: The Department of Health and Human Services issued a Request for Information (RFI) on HIPAA, announcing its intention to reform the law. Comments are due in March 2019, and ANCOR has formed a workgroup comprised of its members to prepare comments for submission.
  • The Medicaid Managed Care Rule: Comments are due January 14, 2019 for proposed changes to the Managed Care Rule, as previously reported by ANCOR. At this time we do not know when the final rule will be issued, but we will keep members informed when we do.
  • HCBS Settings Rule SubRegulatory Guidance: Expect new guidance out soon on the heightened scrutiny process for the HCBS Settings Rule – expected last August, ANCOR has learned the hold up has been around privacy concerns. Once those are resolved, the new subregulatory guidance should be issued.
  • The Department of Labor Overtime Rule: ANCOR has long expected a revised version of the Overtime Rule to be proposed in early 2019. While no announcements have yet been made on this topic, stay tuned for more modest changes compared to those announced by the previous Administration. The previous efforts have been halted by a lawsuit.
  • Also on the Department of Labor Horizon: Expected in December 2018 but not issued, ANCOR hears the new proposed rule on joint employment should be out any day. And coming this June, or even sooner, we expect to see a new rule from OSHA addressing requirements around workplace violence and seeking to eliminate some of the requirements put in place during the Obama Administration.