Correction: AHCA incorrectly stated that Medicare providers are considered government contractors. This has been corrected below. The Executive Order applies to government contractors and grant recipients. The Executive Order may apply to Providers with direct service contracts with other Federal agencies.
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The first week of the Trump Administration has seen a flurry of activity with a high volume of executive orders issued by the President. While some orders may have an indirect impact on the profession (e.g., immigration, international trade, etc.), below is a summary of the key executive orders and directives with a direct impact on long term and post-acute care providers. AHCA/NCAL will continue to monitor and keep you apprised of ongoing developments in Washington that may impact your ability to comply with federal requirements. Pause on Federal Health Agency Communications A temporary halt to all external communications from federal health agencies has been put in place. This includes health advisories, weekly scientific reports, website updates, and social media posts. The directive impacts agencies under the Department of Health and Human Services, such as the Centers for Medicare and Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and National Institutes of Health (NIH).
For facilities using the CDC’s dashboards to track COVID-19 cases among residents and staff, you may need to consult your state or local health department for information.
Update (1/27): AHCA/NCAL has learned that CDC’s National Health Safety Network dashboard is anticipated to be back online sometime this week.Diversity, Equity, and Inclusion (DEI) Programs
Every federal contract or grant award must include a term requiring the contractor or grant recipient to certify that it (1) is in full compliance with all applicable federal anti-discrimination laws and (2) does not operate any programs promoting DEI that violate such laws. These certifications will be considered material to the government’s payment decisions.
Any government contractor or grant recipient that continues to engage in the prohibited “discrimination” or maintains certain affirmative action programs or DEI policies will risk false claims liability by submitting invoices to the government for payment. For example, providers that contract directly with the Veterans Administration to provide nursing home services for veterans under a Federal IDIQ contract may be required to comply with the Executive Order. Impacted organizations and are encouraged to contact their Federal contracting officer and engage their counsel on how to comply with this new executive order.Emergency Preparedness Proposed Rule Withdrawn This was not an executive order, but this week, the Office of Management & Budget (OMB) withdrew a proposed rule that would have updated emergency preparedness (EP) standards across a variety of health care settings. AHCA/NCAL had been expecting this proposed rule for some time as it had been at OMB since October 2023, but this week’s development indicates no new, proposed requirements on EP will be put forth at this time.
Questions? Please contact us at
regulatory@ahca.org.