News & Analysis as of

Health Care Providers Healthcare Facilities Regulatory Standards

McCarter & English, LLP

New Jersey Regulatory Update Part II

Part II of our New Jersey Regulatory Update further identifies proposed and adopted regulations that may impact healthcare providers, from additional financial transparency rules impacting facilities to rules attempting to...more

Lowndes

AI May Offer Solutions to (Some) Senior Housing Issues

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Senior Housing News recently published an article making a compelling argument for how the use of “AI” is aiding senior living communities in providing better resident experiences and care. Focused on the experiences of...more

Lowndes

Senior Living Trends Heading in a Positive Direction

Lowndes on

A new survey conducted by the National Investment Center for Seniors Housing & Care unveiled some encouraging developments in the senior housing industry. The survey, which included responses from owners and executives of 39...more

Benesch

New CMS Standards Pave the Way for Expanded Access to Mental Health, Substance Abuse Services

Benesch on

In April, the Centers for Medicare & Medicaid Services (CMS) finalized new regulations that will make critical healthcare services more accessible and affordable for Americans while expanding opportunities for physicians and...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

Lowndes

AHCA Rule Changes Go Into Effect Today for Senior Housing Operators

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Courtesy of our friends at the Florida Senior Living Association: - On August 16, 2021, AHCA’s Final Adopted Version of Rules 59A-36.007 .008, & .028, F.A.C., which implement HB 767 (2020) are effective. Originally...more

Butler Snow LLP

New OSHA COVID-19 Emergency Temporary Standard Focuses Only on Protections for Healthcare Workers

Butler Snow LLP on

* The Occupational Safety and Health Administration (OSHA) has disseminated an Emergency Temporary Standard (ETS) designed to impact and protect healthcare workers most likely to have contact with someone infected with the...more

Cozen O'Connor

OSHA’s New COVID-19 Guidelines and What They Mean for Employers

Cozen O'Connor on

On June 10, 2021, OSHA issued updated COVID-19 guidance for all employers, along with its much awaited emergency temporary standard focused on health care workers. Importantly, OSHA continued in the footsteps of the CDC in...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

Winstead PC

Physician Non-Compete Agreements and the Anti-Kickback and Physician Self-Referral Laws

Winstead PC on

It is common practice for a hospital to require a physician to sign a non-compete agreement whenever the hospital employs the physician or acquires the physician’s medical practice. In certain respects, that is to be...more

King & Spalding

CMS Issues Final Rule Aimed to Reduce Burden on Providers and Suppliers Through Regulatory Reforms

King & Spalding on

On September 26, 2019, CMS issued a Final Rule that CMS intends will reform certain Medicare regulations related to standards and certifications that CMS identified as “unnecessary, obsolete, or excessively burdensome.” CMS...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

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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

Holland & Hart - Health Law Blog

EMTALA: Guide for Exams, Treatment and Transfers

The Emergency Medical Treatment and Active Labor Act (“EMTALA”) generally requires hospitals to provide emergency care to patients who come to the hospital regardless of their ability to pay. Hospitals that violate EMTALA may...more

Farrell Fritz, P.C.

A Renewed Focus: 2018-19 New York State Intellectual and Developmental Disabilities Budget Highlights

Farrell Fritz, P.C. on

Since the beginning of the administration of Governor Andrew Cuomo, there has been a strong emphasis on reform of the acute, primary, and long term care systems, and, particularly with the recent focus on the opioid crisis,...more

Bricker Graydon LLP

EMTALA screening for behavioral health patients

Bricker Graydon LLP on

With the increase in mental and behavioral health patients presenting to emergency departments, hospitals often struggle with how to adequately and efficiently serve this patient population while complying with the...more

Lowndes

Scrutiny of Assisted Living Facilities

Lowndes on

On February 4th, the New York Times had an article which should give the ALF industry pause. It reported that at the request of four senators, the Government Accountability Office commissioned a two-year investigation of...more

Akerman LLP - Health Law Rx

AHCA Sees the Light on Nursing Home Generator Rule, Unplugging Challenge

After Hurricane Irma made landfall in Florida, a nursing home in South Florida lost power, and several residents of that nursing home died allegedly as the result of increased temperatures caused by the loss of air...more

Farrell Fritz, P.C.

Medical Marijuana Update – “Caregiver” Definition Expanded to Include Facilities

Farrell Fritz, P.C. on

In our previous post, Medical Marijuana 103: Patient and Practitioner Regulations in New York State, we discussed that patients certified for medical marijuana use can designate up to two caregivers. Caregivers can assist...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

Sheppard Mullin Richter & Hampton LLP

The Opportunities and Challenges of Freestanding Emergency Departments

Following our blog post regarding the retail clinic movement, “Patient Check-Ups Before Checking Out: Partnering to Bring Health Care into the ‘One-Stop Shopping’ Sector” (April 19, 2017), we continue our examination of...more

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