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Federal Vaccine Mandates Are Back in Play—For Now

The courts continue to move the vaccine mandate goalposts on employers as dozens of legal challenges work their way through the courts. The latest developments are major game changers for employers. As of the publishing of...more

Fifth Circuit Brings Enforcement Back Into the Mix: The Latest Court Moves with the CMS Vaccination Mandate

A flurry of litigation in federal district and appellate courts has led to an even split between states in which the COVID-19 vaccine mandate issued by the Centers for Medicare and Medicaid Services may be implemented and...more

CMS Leaves Hospitals Guessing on Expectations for Compliant Co-Location Arrangements

On November 12, 2021, the Centers for Medicare and Medicaid Services (CMS) released an updated version of its Quality, Safety and Oversight Group memorandum, QSO-19-13-Hospital, containing much-anticipated final guidance on...more

CMS Issues COVID-19 Vaccination Interim Final Rule for Healthcare Facilities

The Centers for Medicare and Medicaid Services (CMS) published an interim final rule with comment period (IFR) on November 5, 2021, that implements the Biden administration’s previously announced vaccine mandate for...more

OSHA and CMS Vaccination Rules Released: Here Are the Details

On November 4, 2021, the US Occupational Safety and Health Administration (OSHA) unveiled its Emergency Temporary Standard (ETS) to protect employees of large employers in all industries from COVID-19. The Centers for...more

President Biden's COVID-19 Action Plan: Will Your Company Be Required to Mandate Vaccination?

On September 9, 2021, US President Joe Biden announced a multipronged plan to increase the number of Americans who are vaccinated for COVID-19. In the plan, titled “Path Out of the Pandemic: President Biden’s COVID-19 Action...more

CMS Seeks Comments on Requirements for Rural Emergency Hospitals as a New Medicare Provider Category

Under current Medicare program rules, Medicare does not recognize “freestanding emergency departments” or other non-hospital providers of emergency department services. Medicare will only pay for these services at facilities...more

Healthcare Enforcement Roundup - Volume 1, 2021

Stay current on the healthcare enforcement issues impacting your business’ compliance strategies. In this installment of the Healthcare Enforcement Roundup, we address: • Key areas of enforcement scrutiny in 2021,...more

CMS Restarts Hospital Survey Activities Delayed by COVID-19

The Centers for Medicare and Medicaid Services (CMS) notified state survey agency directors that it has lifted previously imposed hospital survey suspensions and resumed routine hospital reaccreditation and recertification...more

HHS Signals Commitment to “Predictability and Stability,” Extends Public Health Emergency Declaration “Likely” for Entirety of...

In a recent letter to state governors, Acting Secretary of Health and Human Services Norris Cochran signaled the US Department of Health and Human Services’ (HHS’s) commitment to “predictability and stability” in the ongoing...more

CMS Again Limits Onsite Surveys, Citing Risks from COVID-19 Surges

The Centers for Medicare and Medicaid Services (CMS) notified state survey agency directors of renewed hospital survey limitations and notification expectations for states and hospitals during the ongoing COVID-19 crisis in...more

CMS Establishes Online Portal for Case-by-Case Section 1135 Provider Waiver Requests

On January 11, 2021, the Centers for Medicare & Medicaid Services (CMS) released a new web portal to more easily permit healthcare providers and other stakeholders to submit requests for specific waivers of certain healthcare...more

Congress Establishes New Medicare Provider Category and Reimbursement for Rural Emergency Hospitals

Year-end COVID-19 relief legislation approved by Congress established Rural Emergency Hospitals (REHs) as a new Medicare provider type effective January 1, 2023. REHs, defined as providers that furnish certain outpatient...more

[Virtual Event] 2021 J.P. Morgan Healthcare Conference - Hospital & Health Systems - January 13th, 12:00 pm - 2:00 pm EST

You won’t want to miss four days of exclusive, virtual events that bring together industry leaders, emerging standouts, innovators and investors from across the industry landscape at the largest healthcare investment...more

[Virtual Event] 2021 J.P. Morgan Healthcare Conference - Healthcare Private Equity (PE) Leaders Forum - January 12th, 12:00 pm -...

You won’t want to miss four days of exclusive, virtual events that bring together industry leaders, emerging standouts, innovators and investors from across the industry landscape at the largest healthcare investment...more

[Virtual Event] 2021 J.P. Morgan Healthcare Conference - Life Sciences Investment Forum - January 11th, 10:00 am - 1:00 pm EST

You won’t want to miss four days of exclusive, virtual events that bring together industry leaders, emerging standouts, innovators and investors from across the industry landscape at the largest healthcare investment...more

[Virtual Event] 2021 J.P. Morgan Healthcare Conference - Digital Health Pioneers Forum - January 7th, 12:00 pm - 2:00 pm EST

You won’t want to miss four days of exclusive, virtual events that bring together industry leaders, emerging standouts, innovators and investors from across the industry landscape at the largest healthcare investment...more

CMS Clarifies Emergency Preparedness Testing Exercise Requirements

On September 28, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a Quality, Safety and Oversight Group memorandum (QSO-20-41-ALL) (the QSO Memo) reinforcing and clarifying the testing exercises required by...more

Healthcare’s Next Normal: CMS Directs States to Resume Routine Surveys and Enforcement

On August 17, 2020, the Centers for Medicare and Medicaid Services (CMS) announced in a memo to State Survey Agency Directors (QSO-20-35-ALL) the resumption of certain routine surveys and inspections of healthcare providers...more

Renewal of Public Health Emergency Provides for Continued Waiver Relief

In an announcement welcomed by many healthcare providers, on July 23, 2020, the US Department of Health and Human Services announced that the COVID-19 public health emergency would be extended 90 days, through October 23,...more

Office of Civil Rights Underscores Civil Rights Protection During COVID-19

On July 20, 2020, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued guidance focused on federal financial assistance recipients’ compliance with Title VI of the Civil Rights Act...more

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

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