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CMS Grants Medicare Provider Enrollment Relief

As the single largest payor for health care in the United States, the Centers for Medicare & Medicaid Services (CMS) has recognized and acted on the need to move quickly in the fight against COVID-19....more

COVID-19 and Compliance: What Assisted Living Facilities Need to Know Today about Resident Admissions

A critical question faced by state agencies as well as owners, operators, and managers of assisted living facilities is whether to permit new admissions. ...more

COVID-19 and Changes of Ownership

The President’s national emergency declaration on March 13, 2020, issued in response to COVID-19, enabled the Centers for Medicare and Medicaid Services (CMS) to grant state Medicaid agencies added flexibility through a...more

Consider This Notice: Why Providing the Right Notice at the Right Time Will Keep Your Deal on Track

Parties to a health care transaction must be prepared for and informed on a number of aspects unique to the health care industry. This is certainly true for proposed changes of ownership or control, where a buyer plans to...more

Nuances are the Norm: Acquisitions of IDD Providers

Intellectual and developmental disabilities (IDD) providers fill a critical need in our communities and around the country. ...more

CMS Proposes Regulations that Would Have Significant Financial Impact on CCRCs

In November 2019, the Centers for Medicare & Medicaid Services proposed the Medicaid Fiscal Accountability Regulation (MFAR), a set of regulations targeted at promoting financial integrity in state Medicaid programs. ...more

UPDATE: New CMS Program Integrity Rule Now in Effect

The Centers for Medicare & Medicaid Services’ (CMS) final rule addressing program integrity and vulnerability issues, which was issued on September 5, 2019, went into effect on November 4, 2019. ...more

Certificates of Need: Why You Need to Understand the Certificates Ahead of a Transaction

Certificates of need (CONs) are a creature of state law, which means no two states take exactly the same approach to the review, issuance, or maintenance of certificates of need (that is, if the state has a CON program at...more

Pennsylvania Report Recommends Added Scrutiny on SNF Owners and CHOWs

In a recently released report titled “Help Wanted: Who will Care for Mom & Dad?”, the Pennsylvania Auditor General, Eugene DePasquale, lists a number of observations of and recommendations for varying facets of the...more

Georgia House Proposes Additional Updates to New Long-Term Care Background Check Requirements

Changes may be coming to Georgia’s new (and not yet implemented) long-term care background check law. If passed, the new Georgia House Bill 91 would authorize the Georgia Bureau of Investigation and Federal Bureau of...more

U.S. Departments of Health and Human Services, Treasury, and Labor Call to Eliminate Certificate of Need Laws

In a 119-page report titled “Reforming America’s Healthcare System through Choice and Competition,” issued on December 3, 2018, Secretaries Alex Azar (Health and Human Services), Steve Mnuchin (Treasury), and Alexander Acosta...more

Program Efficiency, Transparency, and Burden Reduction, Oh My!: CMS Issues Fact Sheet on Updates to CoPs and CfCs

The Centers for Medicare & Medicaid Services (CMS) issued a fact sheet related to proposed regulations addressing conditions of participation (CoPs) and conditions for coverage (CfCs). ...more

AGG Food & Drug Newsletter - July 2018

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Money, Money, Money, Always Sunny: FDA Issues Updated Draft Guidance on User Fee Waivers, Reductions, and Refunds

On June 21, 2018, FDA issued new guidance related to the Prescription Drug User Fee Act. The document, titled Guidance for Industry: Prescription Drug User Fee Act Waivers, Reductions, and Refunds for Drug and Biological...more

AHA Pilot Program Shares Risk between Health Providers

The American Hospital Association has announced a new pilot program that would implement an “age-friendly health system” involving partnerships with hospitals, ambulatory care providers, long-term care providers, and...more

CMS Seeks Input on Direct Provider Contracting

The Centers for Medicare & Medicaid Services (CMS) announced that it is seeking input on direct provider contracting (DPC) between “payers and primary care or multi-specialty groups to inform potential testing of a DPC model”...more

Hospice and the Opioid Crisis: Pending Senate Legislation Would Allow Certain Hospice Employees to Assist with Controlled...

The U.S. Senate is continuing to ramp up efforts to address the opioid abuse crisis. As a part of that effort, on April 16, 2018, the Senate introduced S. 2680, the Opioid Crisis Response Act of 2018. The Bill is currently in...more

CMS Files Objection in Skilled Nursing Bankruptcy Case

An increasing number of Medicare providers have found themselves in financial distress and are contemplating bankruptcy filings. While provider bankruptcies include a host of issues outside the government reimbursement...more

New CMS Medicare Advantage Policy Could Have Significant Impact on Senior Living and In-Home Care Providers

A Centers for Medicare & Medicaid Services (CMS) call letter (the “Call Letter”) released on April 2, 2018, could mean a dramatic and positive shift in CMS policy related to Medicare Advantage (MA) plans and senior living and...more

Proposed Vermont Bill Would Implement Examination of Change of Ownership Requirements for Nursing Facilities

Nursing facilities undergoing changes of ownership (CHOW) in Vermont could see new requirements starting in 2019 if a recent bill is passed. The state, which currently can take as long as one year (or more in some cases) to...more

Proposed Minnesota Legislation Would Introduce New Licensing Requirements for Assisted Living and Memory Care Communities

Proposed legislation in Minnesota would dramatically reshape the state’s licensing requirements for assisted living (“AL”) and memory care (“MC”) communities. Minnesota’s current AL licensing requirements are unique in the...more

CMS Reminds Providers and Suppliers of Reporting Requirements

The Centers for Medicare & Medicaid Services (CMS) recently released a new Medicare Learning Network “MLN Matters” education document to remind applicable providers and suppliers about the need to timely report provider...more

AGG Food & Drug Newsletter - August 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Thank You Very Much, Mr. Roboto: FDA Announces New Digital Health Programs

Scott Gottlieb, M.D., FDA's commissioner, recently announced new digital health initiatives that will aid in the agency's push to regulate and support digital healthcare in the medical device space. In a statement posted to...more

AGG Food & Drug Newsletter - July 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

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