News & Analysis as of

Conditions of Participation (CoP) Hospitals

McCarter & English, LLP

New Informed Consent Guidance and Pharmacy Immunity

New guidance released by the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) on April 1, 2024, clarified that hospitals will not be eligible for Medicare or Medicaid...more

Stevens & Lee

New CMS Informed Consent Guidance for Sensitive Examinations of Unconscious Patients

Stevens & Lee on

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”), through the Centers for Medicare & Medicaid Services (“CMS”), Center for Clinical Standards and Quality/Quality, Safety & Oversight Group, issued new...more

Health Care Compliance Association (HCCA)

[Event] Regional Healthcare Compliance Conference - September 8th, Waltham, MA

Looking for compliance education and networking in your area? HCCA’s Regional Healthcare Compliance Conferences offer practitioners convenient, local compliance education that covers a wide variety of current and emerging...more

McDermott Will & Emery

CMS Proposes Key Details for Payment Methodology, Quality Measures and Enrollment Policies for Rural Emergency Hospitals

McDermott Will & Emery on

Rural emergency hospitals (REHs) are a new Medicare provider type that will allow Medicare to pay for emergency department and other outpatient hospital services in rural areas beginning on January 1, 2023, without requiring...more

K&L Gates LLP

New Options for Rural Hospitals: CMS Proposes Conditions of Participation for New "Rural Emergency Hospital" Provider Category

K&L Gates LLP on

On 6 July 2022, the Centers for Medicare & Medicaid Services (CMS) published a rule proposing the Conditions of Participation (CoPs) for Medicare and Medicaid participation of rural emergency hospitals (REHs), to be codified...more

King & Spalding

CMS Proposes Updated Distance Rules and Continued Eligibility Reviews for Critical Access Hospitals and Conditions of...

King & Spalding on

On July 1, 2022, CMS issued a proposed rule in which the agency proposes to update and potentially liberalize the distance rules applicable to Critical Access Hospitals (CAHs) as well as procedures for monitoring the...more

Stevens & Lee

Should You Be a Rural Emergency Hospital?

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The Centers for Medicare and Medicare Services (“CMS”) published the proposed rule for establishing Rural Emergency Hospitals on June 30, 2022. The federal assistance opportunities for these types of providers may prompt...more

McDermott Will & Emery

CMS Seeks to Establish Regulations Limiting Critical Access Hospital Location Requirement

Tucked into the recent proposed rule establishing Rural Emergency Hospital Conditions of Participation (CoPs) is a proposal to change the CoPs for critical access hospitals (CAHs). The Centers for Medicare & Medicaid Services...more

Proskauer - Health Care Law Brief

CMS Appears to Soften Co-Location Restrictions in Newly-Revised Guidelines

In a November 12, 2021 revision of its prior draft guidelines for hospital co-location compliance with Medicare conditions of participation (COP) for hospitals (QSO-19-13), CMS has apparently softened its approach to...more

Robinson+Cole Health Law Diagnosis

CMS Finalizes Guidance on Hospital Co-Location

On November 12, 2021, the Centers for Medicare & Medicaid Services (CMS) issued finalized guidance (“Guidance”) clarifying that hospitals can share space, services, or personnel with another hospital or health care provider...more

King & Spalding

CMS Releases Final Guidance on Hospital Shared Space Arrangements

King & Spalding on

On November 12, 2021, CMS released “final guidance” for state survey agencies regarding shared space and co-location arrangements between hospitals and other hospitals or healthcare providers. This guidance is intended to...more

K&L Gates LLP

Information Blocking Considerations for Providers Under the CMS Interoperability and Patient Access Final Rule

K&L Gates LLP on

In this week’s episode, Gina Bertolini discusses two important aspects of the CMS Interoperability and Patient Access Final Rule that directly relate to health care providers, and how those aspects of the Final Rule will...more

Morgan Lewis - Health Law Scan

CMS Ties Reporting of COVID-19 to Medicare, Medicaid Conditions of Participation—and Imposes Civil Monetary Penalties

In a stunning move, the Centers for Medicare and Medicaid Services (CMS) has linked reporting and tracking of the incidence and impact of the coronavirus (COVID-19) disease to satisfaction of the Medicare Conditions of...more

Bass, Berry & Sims PLC

What Healthcare Providers Need to Know About the CMS Interoperability Rule

On March 9, the Centers for Medicare and Medicaid Services (CMS) finalized its Interoperability and Patient Access Rule (Interoperability Rule), which aims to enhance patients’ control over their healthcare information. As...more

Foley & Lardner LLP

COVID-19: CMS Issues FAQ Regarding Emergency Medical Treatment and Labor Act

Foley & Lardner LLP on

Hospitals across the country are questioning whether and how the Emergency Medical Treatment and Labor Act (EMTALA) requirements apply during the COVID-19 pandemic. Last week, CMS issued a list of Frequently Asked Questions...more

Baker Donelson

CMS Revises Discharge Planning Rules, Emphasizing Access to Quality Data, Patient Engagement

Baker Donelson on

In a long anticipated regulation, the Centers for Medicare & Medicaid Services (CMS) recently updated the hospital, critical access hospital (CAH) and home health agency (HHA) conditions of participation related to the...more

Baker Donelson

Agency's About-Face: CMS Proposes Changes to Supervision Rules for Hospital Outpatient Therapeutic Services

Baker Donelson on

Among the many provisions in the FY 2020 Outpatient Prospective Payment System (OPPS) proposed rule is one that would alter the supervision standards applicable to hospital outpatient therapeutic services. See 84 Fed. Reg....more

Polsinelli

Space Sharing Re-Boot: CMS Offers a New Approach in the State Operations Manual

Polsinelli on

On May 3, 2019, CMS published draft guidance regarding space sharing between co-located hospitals and hospitals co-located with other health care entities. ...more

Bricker Graydon LLP

CMS draft guidance on hospital co-location offers narrow sharing of hospital space

Bricker Graydon LLP on

On May 3, 2019, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance to be used by state survey agencies in reviewing how shared space, services, personnel and emergency services can be organized by...more

McDermott Will & Emery

CMS Releases Proposed Rule to Advance Interoperability and the Exchange of Medical Record and Plan Information

McDermott Will & Emery on

CMS issued a long-awaited proposed rule aimed at enhancing interoperability and increasing patient access to health information. If finalized, CMS’s proposed rule may require hospitals and payors to make significant...more

Foley & Lardner LLP

Telemedicine Credentialing by Proxy: What Hospitals and Telehealth Companies Need to Know

Foley & Lardner LLP on

Hospital-based telemedicine services continue to rapidly expand across the country, allowing providers to deliver care to rural areas and better allocate the staffing and availability of specialist physicians such as...more

Baker Donelson

CMS Clarifies Text Messaging Prohibition

Baker Donelson on

After a confusing month of contradicting guidance, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum clarifying its position regarding the use of text messaging with patient information between providers....more

Polsinelli

The More Things Change, the More They Stay the Same – CMS’ Guidance on Co-Located Hospitals and the Removal of Certain Hospital...

Polsinelli on

With recent changes to the Hospital within Hospital (“HwH”) rules, is it easier to meet the HwH standards? Likely, not. HwHs are hospitals excluded from the inpatient prospective payment system (“IPPS”), such as psychiatric,...more

McDermott Will & Emery

Amendments to Illinois Hospital Licensing Act Align Illinois Law with CoPs

McDermott Will & Emery on

On June 23, 2017, the Illinois register will publish a number of significant amendments to the rules and regulations promulgated under the Illinois Hospital Licensing Act (the Act), at 77 Ill. Admin. Code § 250 et seq. These...more

Foley & Lardner LLP

Hospital Text Messaging Rules Placed on Hold by Joint Commission

Foley & Lardner LLP on

The Joint Commission, which accredits hospitals and other health care organizations, hit pause on its prior May 2016 announcement to allow secure text messaging in hospitals and other health care organizations. The use of...more

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