As we look to 2022 and beyond, the global pandemic may have a lasting impact on how the medical supply chain affects the delivery of health care. The definition of diversity will likely continue to expand into 2022 to involve more lifestyle topics. iPhone or There she drafted and negotiated multi-million dollar contracts for health and pharmacy solutions and was essential in analyzing company HIPAA compliance. There are also signs of disruption within the industry itself. In fact, the Biden administration has only reinforced the federal governments commitment to ensuring consumers have access to health care pricing information. A population the size of Finland has so far died from COVID-19 and tens of millions more are dealing with its side-effects. As health care employers continue to create and implement diversity initiatives, it is important to define diversity. Nancy S. Jecker, University of Washington. 6 U.S. Dept of Justice, Press Release, Attorney General William P. Barr Urges American Public to Report COVID-19 Fraud (Mar. Recipients are bound to spend the funds within the boundaries of the program, but that guidance has been similarly uneven. Additionally, more health care employers may voluntarily decide to include an unconscious bias segment in their training. Significantly, a case that is currently working through the courts expressly poses the question about causation between a ransomware attack and a babys death. Reg.55620 (Oct. 6, 2021), https://www.govinfo.gov/content/pkg/FR-2021-10-06/pdf/2021-21798.pdf. As a result, cybercriminals have an incentive to go big. Employees are not only more susceptible to contracting COVID-19, but they are also prone to increased stress and mental health issues. In the coming year, we expect that Advance Practice Professionals (APPs) will continue to see significant opportunity for expansion as to their scope of their services and their level of independence in the clinical and the business end of providing services. Open Access Research article First published October 14, 2022 pp. The COVID-19 pandemic ushered in an unprecedented array of measures to provide relief, assistance, and monetary protections for Americans, businesses, and health care systems and providers, among others. 3 The Consolidated Appropriations Act, 2021, provided yet further economic support, https://home.treasury.gov/policy-issues/coronavirus/about-the-cares-act. For example, on June 1, 2021, Michigans Department of Licensing and Regulatory Affairs (LARA) adopted new administrative rules mandating implicit bias training as part of the knowledge and skills necessary for obtaining and maintaining a health care license in Michigan.17 More states may make unconscious bias training mandatory for health care workers. 27 85 Fed. For her health care clients, Lisl provides antitrust and strategic advice in evaluating value-based payment initiatives, the establishment and operation of ACOs and independent physician networks, financial and clinical integration issues, and other transactions and collaborations. However, federal courts in Missouri and Louisiana granted preliminary injunctions blocking the administration from enforcing the vaccination requirement for health care workers nationwide after finding the states challenging the IFR were likely to succeed on their claim that CMS exceeded its statutory authority. 
The Occupational Safety and Health Administrations (OSHAs) respiratory protection program standard requires employers to provide appropriate protection for employees from a known hazard, like COVID-19, in the workplace.19 OSHA and many state agencies are updating guidance for employers as the pandemic continues. After years of debating a federal solution to end surprise medical bills, on December 22, 2020, Congress passed the No Surprises Act (Act). COVID-19 pandemic surges have impacted health care system capacity including space, staff, and supplies. 
Forum (Oct. 12, 2020), citing American Association of Nurse Practitioners, Issues at a Glance: Full Practice Authority, https://www.aanp.org/advocacy/advocacy-resource/policy-briefs/issues-full-practice-brief. 77492 (Dec. 2, 2020). Earlier in the year, the FDA published updated information on exercising enforcement discretion for importing certain medical devices during the pandemic. 2023;25 (1):E21-30. 37 CMS Pub. AMA Recovery Plan for America's Physicians, Featured updates: COVID-19 resource center, Subscribe to the AMAs Advocacy Update newsletter, AMA Morning Rounds: Your daily dose of health care news. Hospitals can compensate physicians involved in such care coordination arrangements in a more flexible manner. Indeed, DOJ quickly proclaimed its intention to investigate misconduct associated with CARES Act and COVID-19.5 Hotlines were established for reporting fraud and U.S. Attorneys Offices were encouraged to maintain prosecution resources dedicated to COVID-19-related fraud cases.6 While the rollout of the CARES Act and other pandemic relief programs was extremely quick, many investigations, audits, and enforcement activitiesparticularly with regard to the Provider Relief Fundwill likely take years. Procuring PPE like N95 respirators has always been important for health care providers. Key Points As the Robin Locke Nagele is Co-Chair of the Health Care Practice Group of Post & Schell in Philadelphia. Use of Statistics in Diversity Initiatives. Those offerings are part of theAMA Ed Hub,an online learning platform that brings together high-quality CME, maintenance of certification,and educational content from trusted sources, all in one placewith activities relevant to you, automated credit tracking and reporting forsome states and specialty boards. Increased Attention to Non-Hospital Provider Mergers. As of February 2021, an estimated $4 trillion in relief funds were made available. Many health care leaders have been asking for flexibility to partner in new ways around caring for patients. However, in 2020 and 2021 these complaints skyrocketed due to employees with concerns regarding the availability of personal protective equipment (PPE), the implementation of facemask policies, or lack of COVID-19-related training. Shalyn Smith McKitt is a Litigation Associate at Balch & Bingham LLP in the Birmingham, Alabama office. Role of States. Defense Production Act. Some of the common ethical violations observed in the healthcare sector are as follows: A breach in patient information confidentiality Every health worker is bound to keep his or her patients information private under the Health Insurance Portability and Accountability Act (HIPAA) rule. As the pandemic continues, the idea of a well-managed supply chain is being redefined. That definition may continue to change in 2022, just as it has in the past. 25 Senator John Kennedy, Press Release, Kennedy introduces legislation to improve student access to mental health services (Apr. A crisis standard is defined as a substantial change in usual health care operations and the level of care it is possible to deliver during a pervasive or catastrophic disaster. And, it is foolish to assume that the cybersecurity industry will actually stay ahead of cybercriminals. The newly revised Code of Ethics for Nurses provides important insights into the increasing complexity of ethical issues (Fowler, 2008). Soleman Zand. Employers will need to ensure they follow government guidelines and manage the spread of COVID-19 to avoid these lawsuits. The AMA Update covers a range of health care topics affecting the lives of physicians and patients. Michael Herald, Guardian Healthcare, and Sarah Swank, Nixon Peabody LLP. Prior to that, she was the Healthcare Industry Group Co-Lead and a Principal at Jackson Lewis PC. The first tranche of funding simply arrived in providers bank accounts, with an after-the-fact attestation or presumed attestation of entitlement to the funds if they were not returned. New York has already started to react to this phenomenon by updating its labor laws in 2020, but other states are sure to follow. The health care landscape is ever-changing, shaped by the current pandemic and ongoing changes to the laws and regulations. Photo by Marek Studzinski on Unsplash. Although the behavioral health provider shortage will remain a challenge in the near term, these market forces will attract more talent to the profession in the longer term to help bridge the gap. Notwithstanding these important gains, APPs face an uncertain future in the immediate term. Along with the increased enforcement of the hospital price transparency rules, HHS finalized rulemaking implementing a provision in the Act that requires providers to communicate a good faith estimate (GFE) of expected charges to uninsured (including self-pay) patients upon their request and at the time of scheduling the health care item or service. Create a free account and access your personalized content collection with our latest publications and analyses. Historically, payment model innovations have been examined mostly Recipients of CARES Act funding have found themselves navigating through complex and changing terms and conditions of participation in the program. Imagine a person with a connected pacemaker who receives an email saying: Ive hacked your heart, now pay up in bitcoin, or consider a diabetic individual who gets a text along these lines: Do you know what your blood sugar is right now? Why Should Primary Care Clinicians Learn to Routinely Examine the Mouth? Smaller behavioral health facilities and providers, many of which were largely dependent on self-pay, often flew below the radar, but large, private equity-backed players and other deep-pocketed consolidators that receive significant governmental and commercial reimbursement will become attractive targets for federal enforcement of the False Claims Act (FCA). In October 2021, the FDA published a notice announcing the process for making COVID-19 guidance available to the public, including periodic publication of consolidated notices describing all COVID-19-related guidance issued during a relevant period.18 The FDA said the new process will help the agency to more rapidly disseminate and implement recommendations and policies related to COVID-19. Next the diversity discussion continued to expand to protections for medical condition such as disability, pregnancy, and genetic information. Staffing Shortages. 27, 2001), https://www.kennedy.senate.gov/public/2021/4/kennedy-introduces-legislation-to-improve-student-access-to-mental-health-services. Learn about AMA Ambassador events being held throughout the year, including advocacy efforts, social media tips and more. The AMA Recovery Plan for Americas Physicians renews our commitment to physicians so patients can receive the high-quality care they deserve. 16 See Bostock v. Clayton County, 590 U.S. __ (2020) (holding discrimination based on sexual orientation or gender identity is discrimination because of sex as prohibited by Title VII). Key Points As the immediate demands of the pandemic response diminish, the NHS continues to face unrelenting pressure. Lets examine some of the key medical ethical issues facing healthcare staff today. 34 See Fed. 7 U.S. Dept of Justice, Press Release, Department of Justice is Combatting COVID-19 Fraud but Reminds the Public to Remain Vigilant (Oct. 15, 2020), https://www.justice.gov/opa/pr/department-justice-combatting-covid-19-fraud-reminds-public-remain-vigilant. Given the national shortage in behavioral health providers, as well as the fact that, because a physical exam is usually not required, behavioral health services can generally be provided remotely much more often than general telemedicine services, key stakeholder groups are pushing to make these changes permanent. The federal regulation requiring hospitals to publicly disclose the prices they charge for items and services, including negotiated reimbursement rates with third-party payers, was effective January 1, 2021. Shalyn then served as Senior Legal Counsel at SS&C Health, a Healthcare Technology company. Preview abstract. Current Market and Consolidation. WebThe Challenges Facing Healthcare Leaders in 2022 Download Article Back An overview of the challenges faced by the National Health Service (NHS) and measures that can be used to help the NHS deliver and transform care in 2022. For what it is worth, game theory probably has a lot to say about ransomware for both the bad actors and the victims. 23 Lyra, Press Release, Lyra Health Completes $200M Funding Round to Transform Mental Health Care Globally (June 14, 2021), https://www.lyrahealth.com/press/lyra-200m-funding-round-transforms-mental-health-care-globally/. Additionally, Lisa advises providers in the negotiation and administration of managed care contracts and works closely with clients to address regulatory and compliance issues related to participation in Medicare Advantage. 1. CHAPEL HILL, NC During the COVID-19 pandemic, healthcare organizations, leaders, researchers, and practitioners have attempted on the fly to deal Until the mid-20th century, birth in the United States for Latinx Indigenous peoples was an ancestral ceremony guided by midwives and traditional healers. Health Code R 338.7001 - 338.7005; see also Governor Gretchen Whitmer and LARA Announce Adopted Training Requirement to Improve Equity Across Michigans Health Care System (Jun 1, 2021), https://www.michigan.gov/whitmer/0,9309,7-387-90499_90640-561034--,00.html. Council on Long Range Planning & Development, Time for Dental Care to Be Considered Essential in US Health Care Policy. Should a Physician Ever Violate SWAT or TEMS Protocol in a Mass Casualty Incident? Organizations that make strategic use of this flexibility may be able to move more expeditiously out of fee-for-service and into risk-based models of care. As a result, health care employers will most likely find themselves torn between implementing vaccination policies and foregoing them in 2022. And the dramatic increase in the use of telehealth has enabled APPs to treat patients in wide variety of practice settings.35 The pandemic response has provided evidence that some of the restrictive rules surrounding APP practice are unnecessary and can even impede the delivery of quality health care.36, At the federal level, CMS has begun to relax some of the more onerous requirements for APPs. Ethical concerns when recruiting children with cancer for research: Swedish healthcare professionals perceptions and experiences Research is crucial to improve treatment, survival and quality of life for children with cancer. Find the agenda, documents and more information for the 2023 APS Annual Meeting taking place June 9 in Chicago. 1. Enforcement mechanisms also include the existing federal False Claims Act9 and a number of criminal laws that are used to prosecute and punish fraud schemes. It is currently estimated that by 2030 there will be a global shortfall of more than 10 million nurses, for example. The Society for Counseling Psychology in the United States says: Counseling Psychology is a generalist health service (HSP) specialty Drive in style with preferred savings when you buy, lease or rent a car. Learn more with the AMA's COVID-19 resource center. Read more about . Increased Market Activity. Witch trials, TERF wars and the voice of conscience in a new podcast about J.K. Rowling. 15 See Alyssa Jordan, The Importance of Diversity in Healthcare & How to Promote It, Provo College (Jun. New Guidelines and Changing Approaches. Do-Not-Resuscitate (DNR) Orders DNR orders have always been controversial, as Purvi Maniar, Norton Rose Fulbright US LLP +Listen to Episode 8 A Pandemic Within a Pandemic. Here are the top 10 health issues that will continue to define 2022 and beyond: 1. She has a national health care litigation and consulting practice in which she counsels and represents hospitals, health systems, and other health care provider entities in complex medical staff matters, including peer review proceedings, summary suspensions, corrective action, fair hearing processes, and associated litigation. Providers traditionally have used the phrase in so many ways that it has lost some meaning. The Biden Executive Order encouraged the FTC and DOJ to challenge prior bad mergers that past Administrations did not previously challenge.2 In addition, ostensibly due to workload constraints, the FTC has taken the approach of sending merging parties a letter after the expiration of the Hart-Scott-Rodino (HSR) premerger notification waiting period indicating that the investigation is ongoing and that they complete their deal at their own risk. Photo by Marek Studzinski on Unsplash. Much like the overall acceleration in telemedicine trends that resulted from the pandemic, the progress we have recently seen in behavioral health, including increased access to telebehavioral health and early attention to pediatric mental health, and will continue to see in 2022 and beyond represent some of the silver linings of a tumultuous period for health care in the United States. Early enforcement efforts of misused CARES Act funds are already well under way. CMS recently announced that it hopes to drive accountable care in a more meaningful way such that all Medicare beneficiaries with Parts A and B will be in a care relationship with accountability for quality and total cost of care by 2030.28 This has heightened the urgency for providers to move towards more efficient, cost-effective models of health care delivery. Reg. CMS also finalized increases in the financial penalties for noncompliance. The original rule capped the financial penalty at $300 per day per hospital, a relatively insignificant amount that likely contributed to hospital noncompliance. Of course, this does not mean ignoring technical features to minimize the risk of a successful attack or structural/operational features to reduce the impact of a successful attack. #forewarnedisforearmed. While the discussion above primarily focuses on money and logistics, it is important not to lose sight of why health care entities (and those with which they contract) are particularly vulnerable: lives depend on data. In the early days of the pandemic, many health care providers, their workers, and patients experienced first-hand the impact of supply chain disruption. Hugh Breakey, Griffith University. The Fifth Circuit later narrowed the scope of the injunction so that the administration is now enjoined from enforcing the mandate in 24 states. But the culture of a health care workplace should also dictate other specifics of the diversity definition for the organization. She then joined the Dallas office for the U.S. Department of Health and Human Services Office of the General Counsel as Assistant Regional Counsel. And Human services office of the diversity discussion continued to expand into 2022 to involve more lifestyle.... 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