Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

CMS’s Rural Health Funding Announcement

Client Alert

Last month, the Centers for Medicare & Medicaid Services (“CMS”) issued a Notice of Funding Opportunity (“Notice”) for the $50 billion Rural Health Transformation (“RHT”) Program. The RHT Program was created by the One Big Beautiful Bill Act to partially offset the impact of the estimated $137 billion reduction in federal Medicaid spending in rural areas alone, also resulting from the One Big Beautiful Bill Act. The five-year Program seeks to support rural communities by improving healthcare access, quality, and health outcomes.

CMS’s Notice sets forth the criteria that it will use to determine how RHT funds will be allocated to states. All 50 states are eligible to apply for funding, regardless of the size of their rural population or the needs of their rural hospitals. [1] To receive funds, states must submit their applications by Wednesday, November 5, 2025. A merit review panel will review all applications, and CMS will issue award decisions by December 31, 2025.

Half of the fund ($25 billion) will be distributed equally across states with approved applications, and the remaining $25 billion will be distributed among approved states based on 23 factors. These factors include data-driven measures of a state’s rural health population, rural health facilities, and other state characteristics, such as state-proposed initiatives and state efforts to implement Make America Healthy Again policies. The Notice details the point scoring methodology for each factor and provides examples of initiatives that align with the Program’s goals. As part of the application, states must describe how they will use RHT funds to support their own initiatives. States can consider collaborating with stakeholders to bolster their applications.

States may use RHT funds in a variety of ways. For example, these funds may be used to promote evidence-based, measurable interventions to improve prevention and chronic disease management, recruit and retain clinical workforce talent to rural areas, and support access to opioid use disorder treatment services. The Notice provides a list of impermissible uses of funds, such as to fund new construction or initiatives that fund gender-affirming care.

Participating states must abide by the terms and conditions of their awards, such as satisfying annual reporting requirements. CMS reserves the right to decrease funding or terminate a state’s award if it fails to meet its requirements. States will be assessed on an annual basis throughout the duration of the Program, primarily as it pertains to progress made with their proposed initiatives and policy changes.

While there are uncertainties as to who will benefit the most from RHT funds, CMS has explained “the intent of this funding is not to be used for perpetual operating expenses, but rather for investments that can be made within the duration of the program that will have sustainable impact beyond the end of the program.”

To learn more about the RHT Program and how state applications will be reviewed, please contact Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Kate Crawford at khcrawford@bmdllc.com.


[1] By law, the District of Columbia and U.S. territories are ineligible for funding.


Department of Education Proposes Redefinition of “Professional Degree,” Excluding Nursing and Limiting Graduate Loan Borrowing

The U.S. Department of Education has issued a Notice of Proposed Rulemaking that would redefine “professional degree” programs under the One Big Beautiful Bill Act. The proposal excludes nursing from the recognized list and would impose new borrowing limits for graduate students while eliminating the Grad PLUS program. Public comments are due by March 2, 2026.

First-of-Its-Kind Federal Ruling Finds Use of Consumer AI Tool May Destroy Attorney-Client Privilege

On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued a first-of-its-kind ruling finding that documents generated by a criminal defendant using a consumer AI platform were not protected by attorney-client privilege after being shared with counsel. The court treated the AI tool as a third party, concluding that entering sensitive information into a publicly available platform may waive confidentiality. The ruling also suggests that the work product doctrine may not apply where AI-generated materials are created independently by a client rather than at counsel’s direction. The decision signals that parties should exercise caution when using consumer AI tools in connection with legal matters.

Your Golden Chance for H-1B Lottery Registration - March 2026

USCIS H-1B registration opens March 4–19, 2026. U.S.-based employees on valid nonimmigrant status are exempt from the $100,000 fee for change of status petitions. The new weighted lottery favors higher-skilled and higher-paid employees, improving odds for advanced degree holders and Wage Level 3 or 4 workers.

Invisible Algorithms: The Hidden Role of Artificial Intelligence in USCIS Immigration Processing

The Department of Homeland Security has confirmed that artificial intelligence and machine learning tools are now integrated into numerous operational functions within U.S. Citizenship and Immigration Services (USCIS). These tools are described as mechanisms to improve efficiency, reduce backlogs, and assist officers in managing an unprecedented volume of applications. DHS emphasizes that human adjudicators retain decision-making authority and that AI systems do not independently grant or deny immigration benefits. Find out how AI affects the U.S. immigration process.

OAAPN | Year In Review: 2026 Ohio Board of Nursing and Ohio Law Rules

Find out key changes to Ohio law and the Ohio Board of Nursing rules that have directly impacted APRN practice over the past year, including Psychiatric Inpatient Documents, Intimate Examinations, Signature Authority, Duties Related to Fetal Death, Retail IV Therapy Clinics, Release from Permanent Restrictions, Disciplinary Action, Course on Drugs and Prescriptive Authority, Overdose Reversal Drugs, Office Based Opioid Treatment, Withdrawal Management for Substance Use Disorder, Safe Haven Program, and more.