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No Longer on Edge of the Telehealth Cliff (For Now): Congress Extends Medicare Telehealth Flexibilities for Additional 6 Months

As outlined in our prior client alert, the healthcare industry can breathe a temporary sigh of relief as Congress has once again acted to extend for an additional six months the Medicare telehealth flexibilities implemented...more

HHS Announces Policy To End Public Notice and Comment for Certain Future Proposed Rulemakings

On March 3, the Federal Register published a policy statement from the Department of Health and Human Services (HHS) titled “Policy on Adhering to the Text of the Administrative Procedure Act” (the Policy Statement)....more

Healthcare Industry Team 2024 Year in Review

As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025. ...more

Federal Court Rules False Claims Act’s Whistleblower Provisions Are Unconstitutional

On September 30, 2024, Judge Kathryn Mizelle of the U.S. District Court for the Middle District of Florida dismissed United States, ex rel. Zafirov v. Florida Medical Associates, LLC et al., a False Claims Act (FCA) case...more

SEC Proposes AI Rules for Broker-Dealers and Advisers After Chair’s Warnings

Chair Gensler’s Public Statements Warning of AI’s Impact on Securities Industry - In his speech before the National Press Club, Chair Gensler focused on the tremendous opportunities AI technology presents but cautioned...more

Government Scrutiny Expected of Providers That Furnished OTC COVID-19 Tests to Medicare Patients

In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to...more

Federal Judge Blocks Idaho from Enforcing Abortion Ban in Emergencies

On Aug. 24, the United States District Court for the District of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s new abortion law. The law was set to take effect on Aug. 25, 2022....more

DOJ Alleges Idaho Abortion Law Violates EMTALA

On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor...more

CMS Releases 2022 Final Medicare Physician Fee Schedule Rule

On Nov. 2, 2021, the Centers for Medicare & Medicaid Services (CMS) published the Calendar Year (CY) 2022 Medicare Physician Fee Schedule (MPFS) final rule. This final rule will take effect on Jan. 1, 2022, and will include...more

CMS Finalizes Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System Rule

On Nov. 2, 2021, the Centers for Medicare & Medicaid Services (CMS) issued the calendar year (CY) 2022 Medicare Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System (OPPS) final rule....more

CMS Issues Emergency Regulations Requiring COVID-19 Vaccination For Workers at Healthcare Facilities Participating In Medicare And...

On Sept. 9, 2021, President Biden announced his COVID-19 Action Plan – “Path Out of the Pandemic.” As part of this plan, the Centers for Medicare & Medicaid Services (CMS) was directed to issue emergency regulations requiring...more

CMS Will Require COVID-19 Vaccination of Healthcare Facility Staff as a Condition of Participation

Earlier this year, the Centers for Medicare & Medicaid Services (CMS), in collaboration with the Centers for Disease Control and Prevention (CDC), issued emergency regulations requiring COVID-19 vaccination for all nursing...more

Telehealth – Here to Stay (At Least for Now): CMS Considers Permanent Expansion of Telehealth Services in Proposed Rule

On July 13, 2021, the Centers for Medicare & Medicaid Services (CMS) published its annual proposed changes to the Medicare Physician Fee Schedule. Among the 1,747 pages of proposals, one notable standout is the announcement...more

The HHS Regulatory Sprint Removes Some Stark and AKS Hurdles for Donating Healthcare Technology

This is the second in a series of client alerts on the collaborative effort between the Department of Health and Human Services Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS), which...more

CMS Issues New Repayment Terms for the Accelerated and Advance Payment Program

The Accelerated and Advance Payment (AAP) program is a Medicare loan program that the Centers for Medicare & Medicaid Services (CMS) typically uses in emergency situations. On March 28, CMS expanded the AAP program to help...more

HHS Issues New Guidance on the Mandatory Reporting Requirements for Healthcare Providers That Received Assistance Under the CARES...

Earlier this month, the U.S. Department of Health & Human Services (HHS) published updated reporting guidance for entities that received $10,000 or more in payments under the Provider Relief Fund (PRF) created by the CARES...more

CMS Issues Guidance to Protect Nursing Home Residents From COVID-19

On Mar. 13, the Centers for Medicare and Medicaid Services (CMS) issued an updated memorandum titled “Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes.”...more

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