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Compliance Considerations for Preparing to Unwind Reliance on Public Health Emergency Waivers

When COVID-19 was declared a Public Health Emergency (PHE), the Secretary of HHS was authorized to waive or modify certain Medicare, Medicaid, Children’s Health Insurance Program, HIPAA, and EMTALA requirements. Many...more

President Biden Announces Healthcare Provisions in Build Back Better Framework

Last week, President Biden presented an outline of a $1.75 trillion Build Back Better (BBB) social spending reconciliation framework resulting from months of negotiations with House and Senate Democrats. Congressional...more

House Members Urge CMS Not to Finalize CY 2022 Physician Fee Schedule Due to Cuts in Reimbursement for Critical Services

Last week, over seventy bipartisan members of the U.S. House of Representatives signed a letter urging CMS to reverse proposed cuts in the CY 2022 Medicare Physician Fee Schedule (PFS) proposed rule (the PFS Proposed Rule)...more

CMS Announces Repayment of COVID-19 Accelerated and Advance Payments

On April 1, 2021, CMS announced that it began recovering COVID-19 Accelerated and Advance Payments (CAAPs) from Medicare providers and suppliers as early as March 30, 2021. Repayments begin one year from the date CMS...more

Major Changes Finalized to Stark Rules, Anti-Kickback Statute Safe Harbors and the Beneficiary Inducements CMP

CMS and OIG released highly anticipated final changes to the rules implementing the Stark Law, the safe harbors issued under the Anti-Kickback Statute (AKS) and the beneficiary inducements provision in the civil monetary...more

CMS Establishes Medicare Payment Policy for COVID-19 Antibody Treatment

Medicare beneficiaries will not have to pay out-of-pocket costs for coverage of monoclonal antibodies to treat COVID-19 during the public health emergency, CMS announced on November 10, 2020. The agency’s coverage will apply...more

Trump Administration Approves Georgia’s Limited Expansion of Medicaid and Work Requiremen

CMS approved Georgia’s Section 1115 demonstration project to partially expand Medicaid coverage for adults not otherwise eligible for Medicaid coverage with incomes up to 95 percent of the Federal Poverty Line (FPL)—short of...more

CMS Releases 2019 Medicare Shared Savings Program Accountable Care Organization Program Results

CMS Administrator Seema Verma announced the 2019 financial and quality results for Accountable Care Organization (ACOs) in the Medicare Shared Savings Program (MSSP) in a Health Affairs Blog post on September 14, 2020. ...more

CMS Adjusts Center for Medicare and Medicaid Innovation Value-Based Payment Models in Response to COVID-19

On June 3, 2020, CMS announced changes to the Center for Medicare and Medicaid Innovation (CMMI) value-based care payment models. Notably, the changes include delaying the start date for new models that would test government...more

CMS Releases Tools to Support States’ Medicaid and CHIP Programs During the COVID-19 Outbreak

On March 22, 2020, CMS announced a suite of four new tools intended to help states combat the coronavirus by allowing states to streamline enrollment into long-term care and home-based services and by expediting application...more

CMS Issues Proposed Rule to Extend Comprehensive Care for Joint Replacement Payment Model and Include Outpatient Procedures

On February 20, 2020, CMS released a proposed rule that would extend the bundled-payment model for joint replacement surgery for an additional three years and broaden its scope to include outpatient procedures (the Proposed...more

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