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CMS Mandate—Back for Some But Not All

CMS Mandate: At the beginning of December we informed you that a Federal Court in Louisiana issued a nationwide stay on enforcement of the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate. During...more

Federal Court Issues Nationwide Injunction Against Enforcement of the CMS Vaccination Mandate

A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement...more

CMS Issues Interim Final Rules with Comment Period Mandating Vaccination of Staff of CMS Regulated Providers/Suppliers

On November 4, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued Interim Final Rules requiring many of its regulated providers and suppliers to require staff and employees to meet COVID-19 vaccination...more

HIPAA and COVID-19 – OCR Publishes Online Guidance on the Application of HIPAA

The Office of Civil Rights (“OCR”), which is the federal agency that enforces the health care privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), recently published guidance covering various...more

Wisconsin Governor Evers Announces $100 Million Grant Program for Providers

The Evers administration just announced a new grant funding program for long-term care, home and community based services, and emergency medical services. The grant program is funded by the federal Coronavirus Aid, Relief,...more

Additional COVID-19 Blanket Waivers Released by CMS

As we previously predicted, the Centers for Medicare and Medicaid Services (“CMS”) has continued to issue expansions of the Blanket Waivers applicable during the COVID-19 pandemic. CMS states the reason for issuing these...more

Wisconsin Governor Suspends Some Administrative Rules During the COVID-19 Pandemic

Tony Evers, Governor of Wisconsin, and Wisconsin Department of Health Services Secretary-designee Andrea Palm have issued another emergency order, Emergency Order #35 (Order #35), directed at suspending certain administrative...more

Special Restrictions Apply To Substance and Alcohol Rehabilitation Patient Records; Even In A Pandemic

The Office of Civil Rights’ “Notification of Enforcement Discretion” regarding COVID- 19 and remote telehealth communications do not apply to information protected under 42 CFR Part 2. These Part 2 regulations protect the...more

CMS Issues Additional Regulatory Waivers to Facilitate Reopening

The Centers for Medicare & Medicaid Services (CMS) has issued another set of regulatory changes and waivers intended to deliver expanded care to the nation’s seniors, and provide flexibility to the healthcare system during...more

Stark Law COVID-19 Waivers Extended to the Anti-Kickback Statute

The Centers for Medicare & Medicaid Services (CMS) issued Blanket Waivers of certain requirements of the Physician Self-Referral Law (Stark Law). The purpose for the Blanket Waivers is to provide the flexibility providers...more

CARES Act Requires Providers of COVID-19 Testing to Post Test Rates on Their Website

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law on March 27, 2020. One provision that has not received much coverage is the requirement for providers of COVID-19 diagnostic testing to publish...more

Waiver Amounts Owed For Telehealth Services During The 2019 Novel Coronavirus (COVID-19) Outbreak

The Health and Human Services (HHS) Office of Inspector General (OIG) issued a Policy Statement on March 17, 2020 regarding the waiver of amounts owed by beneficiaries for services provided by telehealth. Recognizing the...more

CMS Issues Guidance On Resuming Non-COVID-19 Care In Areas That Have Low Incidence Of COVID-19

The Centers for Medicare & Medicaid Services (CMS) have issued new recommendations targeted at communities in Phase 1 of the Guidelines for President Trump’s “Opening Up America Again.” The Phase 1 category includes...more

Stark Law Blanket Waivers – What is a COVID-19 Purpose?

The Blanket Waivers that the Center of Medicare and Medicaid services issued under the Stark Law apply only to financial relationships and referrals that are related to the national emergency that is the COVID-19 outbreak in...more

Stark Law Blanket Waivers – List of 18 Blanket Waivers

The following is a list of categories of the Stark Law Blanket Waivers permitting deviations from the provisions of the Stark Law where necessary for a COVID-19 purpose. See Background on CMS Stark Law Waiver. The definition...more

How the Stark Law Waivers Can Help Combat the Coronavirus.

The Centers for Medicare & Medicaid Services published at the end of March new blanket waivers under the federal physician self-referral law (commonly known as the Stark Law) in response to the COVID-19 pandemic. The waivers...more

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