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CMS Unveils Plans for Long Term Care Facility Infection Control Enforcement Actions

Since the early stages of the Coronavirus (COVID-19) pandemic, long term care facilities (LTCFs) have been an epicenter of transmission. Medicare Requirements for Participation for LTCFs include an obligation to establish and...more

Heads Up, Hospitals! As COVID-19 Approaches a Steady State, Accrediting Organizations Are Going Back to Work, Too

As hospitals and healthcare facilities move toward an uneasy “new normal” and move to re-initiate services and procedures, accrediting organizations will also be ramping up their operations to pre-pandemic levels. However,...more

Planning Beyond the Pandemic: Considerations for Hospital and Healthcare Facility Evacuations

In light of recent civil unrest within the United States, which has been accompanied by incidents of property damage and large crowd actions, hospitals and healthcare facilities should consider reviewing and ensuring that...more

But Wait, There’s More! CMS Provides Additional Regulatory Relief Through Expanded Blanket Waivers

The Centers for Medicare and Medicaid Services (CMS) issued blanket waivers under Section 1135 of the Social Security Act (Section 1135 waivers) on April 30, 2020. Fast on the heels of a more modest waiver announcement on...more

CMS Issues FAQs on EMTALA Requirements for Hospitals

On April 28, 2020, the Centers for Medicare and Medicaid Services (CMS) issued Frequently Asked Questions for Hospitals and Critical Access Hospitals regarding EMTALA (FAQs) as a supplement to the memorandum on the Emergency...more

CMS Announces Immediate COVID-19 Reporting Requirements Applicable to Long Term Care Facilities

As previously reported, President Trump’s Opening Up America plans introduce measures to slowly ease business and social restrictions and require enhanced testing and reporting of Coronavirus (COVID-19) incidences in long...more

CMS Provides Flexibility for Independent Freestanding Emergency Departments to Enroll in Medicare as Hospitals During the COVID-19...

On April 21, 2020, the Centers for Medicare & Medicaid Services (CMS) issued Quality, Safety & Oversight memorandum QSO-20-27-Hospital (QSO Memo), addressed to state survey agencies to provide guidance to independent...more

Loosening Restrictions on Elective Surgery and Procedures – FAQs on Updated CMS, Administration and Association Guidance

As the United States came to grips with the far-reaching impact of the Coronavirus (COVID-19) pandemic in March 2020, many state governments put in place executive orders or other public health decrees (collectively, orders)...more

CMS Enhances COVID-19 Reporting and Surveillance Obligations for Long Term Care Facilities

On April 19, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a Quality, Safety and Oversight Group (QSO) memorandum (QSO-20-26-NH) informing long term care facilities, including nursing homes, about certain...more

Flexibilities for DMEPOS, Laboratories and Ambulances During COVID-19

The Centers for Medicare and Medicaid Services (CMS) released fact sheets and subsequent guidance detailing regulatory flexibilities for suppliers of Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS),...more

CMS Issues Additional Guidance on EMTALA Requirements for Hospitals

On March 30, 2020, CMS issued QSO-20-15-REVISED, which updated and expanded the guidance provided in its original QSO-20-15 memorandum issued March 9, 2020, as further described in the On the Subject appended below....more

CMS Provides Guidance to Ambulatory Surgical Centers Temporarily Enrolling in Medicare as Hospitals During the COVID-19 Pandemic

On April 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued Quality, Safety & Oversight memorandum QSO-20-24-ASC (the QSO Memo), addressed to state survey agencies to provide guidance on processing attestation...more

CMS Issues Broad Package of Blanket Waivers Under Section 1135

The updated waivers build upon the more limited set of Section 1135 waivers issued on March 13, 2020, and address common concerns among Medicare providers and suppliers as they deal with the Coronavirus (COVID-19) pandemic....more

CMS Updates COVID-19 Infection Control Guidance for Inpatient Hospital Settings

On March 30, 2020, CMS issued updates to its prior QSO memorandum, expanding its infection control and prevention guidance to include hospitals, critical access hospitals and psychiatric hospitals. The updated QSO memorandum...more

HHS OCR Issues Guidance Reminding Healthcare Providers to Avoid Discrimination in Making Care Decisions

As healthcare providers face surging demand for services arising out of the COVID-19 pandemic, they are simultaneously dealing with related equipment, space and workforce limitations. In this environment, the US Department of...more

CMS Issues COVID-19 Infection Control Guidance for Intermediate Care Facilities and Psychiatric Residential Treatment Facilities

Intermediate care facilities for individuals with intellectual disabilities (ICF/IIDs) and psychiatric residential treatment facilities (PRTFs) face unique concerns when it comes to providing care and services—and when...more

CMS Issues COVID-19 Infection Control Guidance for Certain Outpatient Settings

On March 30, 2020, the Centers for Medicare and Medicaid Services (CMS) released a Quality, Safety & Oversight Group (QSO) memorandum (QSO-20-22-ASC, CORF, CMHC, OPT, RHC/FQHCs) addressing standards for infection control and...more

Corporate Authority for Extraordinary Delivery of Care Decisions

Healthcare providers facing emergency requests from government agencies in response to the Coronavirus (COVID-19) crisis — including critical issues such as transfers of COVID-19 patients, opening closed facilities and...more

Section 1135 Waivers Now Available, but Some Waivers May Require Approval

On March 13, 2020, President Donald Trump declared a national emergency under the National Emergencies Act and made an emergency determination under the Stafford Act. This announcement follows the January 31, 2020,...more

CMS Releases Updated Guidance on EMTALA Requirements and COVID-19 Implications

In response to the spread of COVID-19 infections and questions from the provider community, the Centers for Medicare and Medicaid Services (CMS) Quality, Safety and Oversight Group (QSO) issued a series of three memoranda...more

California's COVID-19 Emergency May Permit Healthcare Services by Out-Of-State Practitioners

California Governor Gavin Newsom declared a state of emergency for California on March 4, 2020, in response to the spread of Coronavirus Disease (COVID-19). The declaration makes additional resources available, formalizes...more

CMS Takes Unprecedented Action to Modify Survey Activities in Response to COVID-19

CMS issued three Quality, Safety & Oversight memoranda addressed to state survey agencies and state survey agency directors identifying wide-ranging modifications to the survey and certification process in relation to the...more

Coronavirus FAQs for Multi-National Employers

HOW SHOULD MULTI-NATIONAL EMPLOYERS APPROACH THE CORONAVIRUS? Those that employ a global workforce are facing unique challenges with the evolving coronavirus outbreak. The number-one priority of every global employer is...more

Coronavirus FAQs for US Employers

Should We Take Additional Precautions? If so, What Proactive Steps Can We Take To Keep Our Workplace healthy and Safe? Yes. The General Duty Clause of the Occupational Safety and Health Act (OSHA) requires employers to...more

This Is Not a Drill: Hospital and Health System Preparedness for COVID-19

As more cases emerge highlighting the transmission of COVID-19 from person-to-person contact in the general public rather than through contact with a known infected individual, hospitals and health systems must be ready to...more

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