Supreme Court Strikes Down Administration's Student Loan Debt Forgiveness Plan

Today, the Supreme Court issued its 6-3 decision striking down the Administration’s student loan debt forgiveness plan. President Biden’s initiative would have forgiven up to $20,000 in federal student loan debt for more than 40 million Americans. Advocates for student debt relief are calling on the White House to create an alternative plan using different legal authority, such as through the Higher Education Act.

The Supreme Court ruled the State of Missouri has standing to bring its case forward as it created MOHELA, which is “an instrumentality of the State of Missouri” and would face a direct injury if the student loan forgiveness moved forward, losing $44 million in fees.

The Court found that the Department relied on the HEROES Act to “waive or modify” exist­ing statutory or regulatory provisions applicable to financial assis­tance programs under the HEA, allowing the Secretary to provide loan forgiveness under certain circumstances, but the Secretary exceeded his authority by rewriting that statute to the extent of canceling $430 billion of student loan principal.  

The opinion was written by Chief Justice Roberts who highlighted the major questions doctrine – whether it is Congress or a federal agency that has the power to offer a student loan forgiveness program, stating that if Congress wants to give an administrative agency the power to make “decisions of vast economic and political significance,” it must say so clearly. But here there is no authorization, much less clear authorization, for this program.

The opinion may be accessed here. A statement from President Biden may be accessed here.

Supreme Court Rejects Affirmative Action

The Supreme Court rejected, along ideological lines, the admissions systems used by Harvard University and the University of North Carolina at Chapel Hill. The White House said the Department of Education and Department of Justice will provide resources to colleges and universities addressing lawful admissions practices within the next 45 days. Last summer, ASAHP joined the Association of American Medical Colleges and 45 health professional and educational organizations in an amicus curiae brief submitted to the U.S. Supreme Court in support of the limited consideration of an applicant’s racial or ethnic background or experiences in higher education admissions.

An article by Inside Higher Ed may be accessed here. A White House Fact Sheet may be accessed here.

University of Arkansas at Fayetteville Dissolves DEI Office, Reallocates Staff and Resources

The University of Arkansas at Fayetteville dissolved its DEI office, retaining staff and resources but reallocating them to other offices, primarily in human resources and student success. Inside Higher Ed examines the University’s move and reactions.

The article may be accessed here.

Critical Access Hospitals

According to a report this month from the Government Accountability Office (GAO), small "critical access" hospitals often are the only source of health care in rural communities. While they provide emergency mental health care, only some provide other in- and outpatient psychiatric care. Medicare generally pays these hospitals at cost, but most inpatient psychiatric services aren't eligible for cost-based payment.  

The report can be obtained at https://www.gao.gov/assets/gao-23-105950.pdf.

ASAHP Comments on the Department of Education’s Proposed Rulemaking

Comments on the Department of Education's proposed regulations covering state authorization, gainful employment, ability to benefit, and more were due on Tuesday, June 20. ASAHP submitted comments as well as joined a joint-comment letter led by the American Council on Education (ACE). ASAHP called on the Department of Education to withdraw its proposed regulations language that institutions must meet all state consumer protection laws related to closure, recruitment, and misrepresentations out of concern the language could significantly increase compliance burdens, decrease access to postsecondary education and clinical rotations, and result in the dismantling of current reciprocity agreements which have benefitted ASAHP institutional members. ASAHP also expressed concern regarding a potential unintended consequence of the proposed language that requires an institution to provide students with accessible clinical opportunities.

ASAHP’s comments may be accessed here, and the joint comment letter led by ACE may be accessed here.

ASAHP Clinical Education Committee Seeking Graduate Student Project Coordinator

ASAHP’s Clinical Education Committee is looking for a project coordinator . The Project Coordinator will participate in all ASAHP Clinical Education Committee activities, including monthly conference calls and delegated Task Force / ASAHP meetings. The Project Coordinator will work with Committee members to support their objectives and assist with meeting goals of the Committee.

The hours are flexible and generally 2 to 4 hours per week. Applicants must be a graduate student at an ASAHP member institution. Students are paid by the hour.

Interested students can apply here.

State Authorization, Gainful Employment, Ability To Benefit Comments Due Tuesday

Comments on the Department of Education's proposed regulations covering state authorization, gainful employment, ability to benefit, and more are due no later than Tuesday, June 20. There is concern that, as written, there could be a significant impact on reciprocity for State Authorization Reciprocity Agreements (SARA)-participating institutions and SARA member states. Also, Section §668.16(r) addresses Administrative Capability-Accessible Clinical or Externship Opportunities. The National Council for State Authorization Reciprocity Agreements (NC-SARA) has posted its comment letter here, and maintains a call-to-action page here which should be helpful to institutions when preparing their own comments.

Comments may be submitted here.

House Committee Hearing on Postsecondary Education

On Wednesday, the House Education and the Workforce Committee’s Subcommittee on Higher Education and Workforce Development held a hearing on “Postsecondary Innovation: Preparing Today’s Students for Tomorrow’s Opportunities”. Issues discussed included dual enrollment, competency based education, online education, and financial aid. Dr. Tim Renick, Executive Director, National Institute for Student Success, Georgia State University and a speaker at ASAHP’s 2018 conference, was one of the four witnesses.

Our memo on the hearing may be accessed here.

Factors Driving Physician Practice Acquisition

Escalating costs associated with managing their own practice coupled with burdensome insurer policies and regulatory requirements are some factors driving physicians to seek employment in other practice settings, according to a new report released by the American Hospital Association. 

The report can be obtained at https://www.aha.org/system/files/media/file/2023/06/fact-sheet-examining-the-real-factors-driving-physician-practice-acquisition.pdf.

2023 ASAHP Scholarship of Excellence Deadline Extended

Each year, ASAHP offers a scholarship program for health professions students enrolled in its member institutions. The purpose is to recognize outstanding students in the health professions who are achieving excellence in their academic programs and have significant potential to assume future leadership roles in health professions. Each student chosen for an award will receive a $1,000 scholarship. The most exemplary Scholarship of Excellence recipient will also receive the “Elwood Scholar” award, qualifying an additional $1,000 in scholarship funds. We are now accepting applications for this year’s awards. The deadline has been extended from Friday, June 16, 2023.

More information may be accessed here.

2023 Award for Innovation and Excellence in Clinical Education Deadline Extended

Deadline extended through June 15, 2023.

Through the award for innovation and excellence in clinical education, the Association of Schools Advancing Health Professions (ASAHP) looks to recognize an institutional member along with its clinical partner for innovation and excellence in clinical education.  As the inaugural award, all ideas are welcome.  Applicants will have the option to concurrently submit for the poster session at the upcoming ASAHP annual conference, October 17-19, 2023 in Fort Lauderdale Beach, Florida. 

Learn more here.

NC-SARA Webinar on Department of Education Proposed Rule Covering State Authorization

On Thursday, June 1 at 2pm Eastern, the National Council for State Authorization Reciprocity Agreements (NC-SARA) will host a webinar entitled, “Department of Education Draft Regulations and SARA: What To Know”. The webinar will examine how the Department of Education’s proposed rule, issued May 19, could affect State Authorization Reciprocity Agreements. The public comment period on the proposed regulations is now open now, with comments due no later than June 20.

More details including registration may be accessed here.

House Committee Hearing on the President’s FY 24 Education Budget Request

On Tuesday, the House Education and Workforce Committee held a nearly five-hour hearing with testimony from Secretary of Education Miguel Cardona, his first appearance before the Committee this Congress. The hearing was contentious at times, and covered issues such as oversight, student loans, parental rights, transgender participation in sports, community colleges, apprenticeships, and workforce Pell.

Our memo on the hearing may be accessed here. 

Department of Education Releases Proposed Gainful Employment Regulations

On Wednesday, the Department of Education released its proposed gainful employment and ability to benefit regulations. The proposed regulations, which also includes rules on financial responsibility, administrative capability, and certification procedures, will be published in the Federal Register today, and comments may be submitted over a period of 30 days. The Department expects to finalize the rules later this year. Rules finalized by November 1, 2023, will go into effect on July 1, 2024.

The Department of Education’s press release may be accessed here.

Department of Education Update on Third Party Servicers

On Tuesday, the Department of Education issued a Dear Colleague Letter on Third-Party Servicers. Like the Department’s April 11 blog post, the letter states the Department plans to issue a final revised Dear Colleague Letter with an effective date at least six months after its publication.

The Dear Colleague Letter may be accessed here and the April 11 blog post may be accessed here.

Veterans Health Administration (VHA) Recruitment And Retention

The U.S. House Committee on Veterans’ Affairs subcommittees on Health and Oversight and Investigations held a joint oversight hearing titled "VHA Recruitment and Retention: Is Bureaucracy Holding Back a Quality Workforce?" on Wednesday, May 17, 2023. 

Testimonies from witnesses at this event can be obtained at https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=115928.

U.S. Behavioral Health Workforce Shortage

Many Americans are unable to obtain needed care for behavioral health. A new report from the Commonwealth Fund discusses different types of behavioral health providers in the U.S., barriers faced in obtaining services, and ways in which the U.S. can bolster the workforce to meet the growing demand for care. 

The can be obtained at Understanding the U.S. Behavioral Health Workforce Shortage | Commonwealth Fund.

COVID-19 Public Health Emergency Ends

The Department of Health and Human Services on May 9, 2023 released a fact sheet reviewing how the end of the COVID-19 public health emergency will affect the flexibilities the declaration enabled.

The fact sheet can be obtained at https://www.hhs.gov/about/news/2023/05/09/fact-sheet-end-of-the-covid-19-public-health-emergency.html.