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OFPP Still Myth-Busting, Seeks to Improve Industry Engagement on Acquisition Issues

Client Alert | 1 min read | 05.30.19

On April 30, 2019, the Office of Federal Procurement Policy (OFPP) issued its fourth Myth-Busting memorandum, the purpose of which is to:

  • “[I]mprove awareness of vendor engagement strategies that Federal procurement thought leaders are using to create a more responsive buying process, modernize the acquisition culture, and deliver greater value to the taxpayer.”
  • Ask “each Chief Financial Officers Act (CFO Act) agency to ensure it has designated an industry liaison to work with the agency’s Acquisition Innovation Advocate (AIA), the Office of Small Disadvantaged Business Utilization (OSDBU), and other key acquisition personnel to promote modern vendor communication practices and counter misconceptions that drive today’s risk aversion culture[,]” i.e., “to serve as a conduit among acquisition stakeholders and promote strong agency vendor communication practices.”

The memorandum also:

  • “[H]ighlights ten misconceptions related to innovative practices” (three of which address key issues in acquisition innovation and the remainder of which address communicating with industry).
  • “[S]howcases successful agency efforts[.]” 
  • Explains that “new examples will be posted on the Innovation Hub of the Acquisition Gateway to foster dynamic conversations among the acquisition workforce.”

Insights

Client Alert | 5 min read | 05.16.24

CMS Finalizes Contested Rule on Nursing Home Staffing and Facility Assessments

On May 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published a Final Rule that, for the first time, imposes national minimum nurse staffing requirements for nursing homes. Specifically, the standard adopted by CMS requires minimum staffing of 3.48 hours per resident day (“HPRD”), as discussed in more detail below. CMS estimates that the new requirements will cost facilities $43 billion over the next 10 years, which is more than the $40.6 billion cost that CMS estimated for Proposed Rule of 3.0 HPRD. Some industry sources estimate that less than 25% of nursing facilities across the country currently meet the full scope of staffing standards laid out in CMS’ Final Rule due to a myriad of factors including labor shortages and increasing wage pressures. Indeed, the impact and cost of these staffing requirements will vary significantly by state. For example, CMS reported that at least one state will need to increase certain staff by nearly 96% to meet the minimum standards, while other states already meet the requirements....