New Roads Ahead: Bipartisan Infrastructure Law Funding Announced
Client Alert | 2 min read | 10.19.22
Last week, the Department of Transportation (DOT) announced nearly $60 billion of funding available to states through DOT formula grant programs in fiscal year (FY) 2023. States may use these funds, authorized under the Bipartisan Infrastructure Law, to support critical infrastructure, including roads, bridges, and environmental and safety improvements. The FY2023 grant funds represent a substantial increase from FY2021. In particular, states will see an increase in grant funds for highway and bridge projects:
Significantly Increased Formula Program
|
Percentage increase over FY21 |
391% |
|
146% |
|
New |
|
Highway Safety Improvement Program |
26% |
Metropolitan Planning Program |
25% |
Carbon Reduction Program |
New |
Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation Formula (“PROTECT”) Program |
New |
National Highway Performance Program |
20% |
Surface Transportation Block Grant Program |
16% |
The Bipartisan Infrastructure Law also created three new programs to support carbon reduction, make transportation infrastructure more resilient to future weather events and other natural disasters, and promote use of electronic vehicles.
Companies interested in working on contracts under these grants should monitor infrastructure funding at the federal and state level to determine where, and how, it creates business opportunities. We are continuing to closely tracking the implementation of the Bipartisan Infrastructure Law to help clients navigate the unprecedented levels of infrastructure funding taking place this year, and over the next four years.
Insights
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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.
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