LeadingAge developed new materials for members interested in advocacy related to the proposed Medicaid Fiscal Accountability Regulation (MFAR). In addition, we are holding a second member call-in on the proposed rule and what members can do to take action.

The call-in takes place on January 22 at 3:00 PM EST. Register for the call-in here.

Comment Guide

In the comment guide, LeadingAge provides instructions on how to submit comments on the proposed rule, and template language to include in comment letters. These key points are included in the document, all supported with data and other details:

  • Changes to federal Medicaid financing policy disproportionately affect nursing homes.
  • The proposed provider tax changes could increase state taxes for CCRC nursing home providers.
  • The proposed provider tax language is vague and arbitrary.
  • The proposed rule does not adequately estimate the impact of the rule on Medicaid.
  • The proposed changes to the Upper Payment Limits/supplemental payments are not based on adequate data.
  • The proposed rule is incorrect in saying the proposed rule does not impact small entities/providers.
  • Given the impact of these changes, a three-year implementation/renewal timeline is too short.

LeadingAge urges members to submit comments for this proposed rule. The comment period for the proposed rule is open through February 1. Download the comment guide here.

Script for Calling Congress

LeadingAge also created a script for members to call Congress and urge their representatives to reach out to CMS to protect life plan communities/CCRCs from potential implications from the proposed MFAR. The script is geared primarily towards states with a nursing home provider tax that exempts and/or provides a lower rate to life plan community/CCRC nursing homes. Download the script here.

Fourteen states currently have a provider tax exemption for life plan communities: Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Indiana, Maryland, Michigan, Nebraska, New Jersey, North Carolina, and Washington.

Five states currently have a provider tax discounted rate for life plan communities: Iowa, Kansas, Massachusetts, Oklahoma, and Pennsylvania.

Members may reach out to Brendan Flinn of the LeadingAge staff with questions and concerns related to the proposal.