Medicaid, Waivers, Medicare

Federal Judge Vacates Regulation Excluding Section 1115 Days From DSH Formula

King & Spalding on 8/28/2024

On August 15, 2024, the United States District Court for the Northern District of Texas vacated a Medicare regulation excluding from the Medicare DSH payment days attributable to inpatients covered by a section 1115 waiver...more

CMS Issues IPPS and LTCH PPS Final Rule for FY 2024

King & Spalding on 8/9/2023

On August 1, 2023, CMS issued its annual Hospital Inpatient Prospective Payment System (IPPS) and Long-Term Care Hospital Prospective Payment System (LTCH PPS) Final Rule for FY 2024 (the Final Rule). In the Final Rule, CMS,...more

The End of the Federal COVID-19 Public Health Emergency is Near: What to Expect as HHS Transitions beyond the Emergency Phase

Mintz - Health Care Viewpoints on 4/28/2023

With less than two weeks left until the end of the federal COVID-19 Public Health Emergency (PHE), which is set to expire on May 11, 2023, the Department of Health and Human Services (HHS) is preparing to transition certain...more

Health Law Diagnosis - CMS Issues Guidance for Providers on Waivers, Flexibilities and End of COVID-19 Public Health Emergency

Robinson & Cole LLP on 3/17/2023

The Centers for Medicare & Medicaid Services (CMS) recently issued a Fact Sheet (Fact Sheet) providing guidance on the impact of the end of the federal COVID-19 Public Health Emergency (PHE) on certain regulatory waivers,...more

COVID-19 Public Health Emergency – Compliance Considerations as We Prepare for the End of the PHE

Ankura on 3/14/2023

On January 30, 2023, the Biden Administration announced plans to end the Public Health Emergency (PHE) on May 11, 2023. The PHE was enacted on January 27, 2020, to provide flexibility to healthcare providers and payors...more

What to expect now that we’re expecting: What the end of the public health emergency means for healthcare providers

Bricker Graydon LLP on 2/21/2023

On January 30, 2023, President Biden announced that both the COVID-19 national emergency and the public health emergency (PHE) will end May 11, 2023. This announcement has left many healthcare providers considering how the...more

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - January 2023

Manatt, Phelps & Phillips, LLP on 1/30/2023

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access...more

Return to "Normalcy" - Bracing for the End of the Public Health Emergency

Venable LLP on 12/1/2022

In January 2020, Alex M. Azar, II, then secretary of the U.S. Department of Health and Human Services (HHS), signed a nationwide declaration of a Public Health Emergency (PHE) that would largely shape the response of public...more

Enhancing Oncology Model - Successor to Oncology Care Model: What’s New

Foley & Lardner LLP on 7/25/2022

The Center for Medicare and Medicaid Innovation (CMMI) is launching a long awaited new oncology model, the Enhancing Oncology Model (EOM). EOM is a successor to the Oncology Care Model (OCM), which ended June 30, 2020 after a...more

Opportunity Economy: Telehealth in the Pandemic - and Beyond

Womble Bond Dickinson on 9/29/2021

Takeaways: ..Telehealth greatly expanded during the COVID-19 pandemic, in large part due to regulatory waivers. Those regulatory waivers aren’t permanent, but lawmakers are evaluating ways to permanently expand some...more

What’s Next for Long Term Care? Waivers, Laws and Regulations and the Next Chapter of the COVID-19 Pandemic

Bradley Arant Boult Cummings LLP on 6/16/2021

For health care providers, particularly long term care providers, COVID-19 has brought unprecedented challenges. In response to those challenges, both the federal and state governments have responded over the course of the...more

Expiration of Arkansas' Public Health Emergency

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/2/2021

Since the COVID-19 public health emergency was initiated in Arkansas in March 2020, Governor Asa Hutchinson has repeatedly renewed the emergency order, maintaining the public health emergency for fourteen (14) months. ...more

OIG Has Seven (Yes Seven!) Different National Telemedicine Audits

Foley & Lardner LLP on 3/1/2021

Companies who feel the Public Health Emergency (PHE) waivers and exceptions have rendered telemedicine “immune” from compliance oversight might be surprised to learn what federal regulators have in the works. The Office of...more

Top 5 Telehealth Law Predictions for 2021

Foley & Lardner LLP on 1/12/2021

With 2020 officially behind us, what does 2021 have in store for telemedicine and digital health policy? A year ago, our team predicted 2020 would bring “notable expansions in Medicare and Medicaid coverage” and “the...more

HHS Extends Public Health Emergency; Allows Telehealth Waivers To Continue

Moritt Hock & Hamroff LLP on 7/28/2020

The Secretary of Health and Human Services announced a renewal of the nationwide public health emergency ("PHE") late on Thursday, July 23, 2020. The announcement came just two days before the then-current PHE designation was...more

More Help is on the Way For Accountable Care Organizations: CMS Announces New Relief For ACOS Struggling With The Covid-19 Crisis

Sheppard Mullin Richter & Hampton LLP on 6/22/2020

According to an April 13, 2020 Press Release issued by the National Association of ACOs (“NAACOS”), a recent NAACOS survey shows that 56% of the survey-participating at-risk accountable care organizations (“ACOs”) – i.e.,...more

[Webinar] Long-Term Care in the Time of COVID-19: Part One - June 8th, 1:00 pm - 2:00 pm ET

Manatt, Phelps & Phillips, LLP on 5/26/2020

Caring for Recipients, Protecting the Workforce and Supporting Provider Sustainability - Examine the Immediate Issues and Opportunities Facing Long-Term Care Providers—and Look Ahead at How to Build a Stronger Future—at a...more

CMS Adds Additional Blanket Waivers For Health Care Providers

Husch Blackwell LLP on 5/19/2020

On May 12, 2020 the Centers for Medicare & Medicaid Services (CMS) issued additional 1135 blanket waivers which are applicable to a wide variety of health care providers. These COVID-19 Emergency Declaration Blanket Waivers...more

Nursing Home Liability Waivers and Nursing Home Investigations and Enforcement: A Delicate Balance During the COVID-19 Pandemic

Sheppard Mullin Richter & Hampton LLP on 5/7/2020

As we discussed in our April 27, 2020 blog post, nursing homes have become the focus of significant attention during the COVID-19 crisis. In many respects, the attention is well deserved: 1. Nursing homes traditionally...more

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