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Key Issues for Providers in Part 2 of Surprise Billing Regulations

On September 30, 2021, the Departments of Health and Human Services (HHS), Labor, and Treasury (the Departments), along with the Office of Personnel Management (OPM), released an interim final rule with comment period (IFC)...more

HRSA Announces New COVID-19 Relief Funding for Providers and Reporting Grace Period

On September 10, the Health Resources and Services Administration (HRSA) announced $25.5 billion in new funding that will be made available to health care providers to reimburse health care related expenses and revenue losses...more

CMS Proposes Changes to Hospital Price Transparency Rules, Increased Penalties

On August 4, 2021, the Centers for Medicare & Medicaid Services (CMS) published proposed changes to enforcement of the hospital price transparency rules that went into effect earlier this year. The proposed changes, part of...more

Supreme Court Agrees to Hear Two Medicare Payment Cases Next Term with Significant Financial Implications for Hospitals

On July 2, 2021, the U.S. Supreme Court granted petitions to hear two cases related to Medicare payments for health care providers. The Court will consider a hospital appeal of a Ninth Circuit decision that vacated part of a...more

Key Issues for Providers in Part 1 of Surprise Medical Billing Regulations

On July 1, 2021, the Departments of Health and Human Services (HHS), Labor, and Treasury (the Departments), along with the Office of Personnel Management (OPM), released an interim final rule with comment period (IFC)...more

HHS Sends Enforcement Letters to Drug Manufacturers Regarding 340B Contract Pharmacies While Litigation Against HHS Continues

On May 17, 2021, the Health Resources and Services Administration (HRSA) sent letters to six drug manufacturers notifying them that their actions placing restrictions on access to 340B-discounted drug prices by health care...more

Biden Administration Actions Promoting LGBTQ Equality

Since being sworn into office on January 20, 2021, President Biden and his administration have taken several steps to advance equality for lesbian, gay, bisexual, transgender, and queer individuals (LGBTQ), including actions...more

HHS Updates Provider Relief Fund (PRF) Deadlines for Use of Payments and Reporting Requirements

On Friday, June 11, 2021, the Department of Health and Human Services (HHS) announced the deadlines by when health care providers must use COVID-19 Provider Relief Fund (PRF) payments and submit reports to HHS on use of...more

CMS Proposes Repeal of Median MA Rate Reporting, While Lawmakers Raise Concerns Over Hospital Price Transparency Compliance,...

As part of the FY 2022 Inpatient Prospective Payment System (IPPS) proposed rule issued on April 27, 2021, CMS intends to repeal a requirement that hospitals report their median payer-specific negotiated charges with Medicare...more

Lawmakers Raise Compliance Concerns Over Hospital Price Transparency Rules, Request Increased Enforcement

On April 13, 2021, four key lawmakers in the U.S. House of Representatives wrote to the U.S. Department of Health and Human Services (HHS) expressing concern over reports of non-compliance with hospital price transparency...more

Repayment of Medicare Accelerated and Advance Payments Begins for Providers and Suppliers

Medicare providers and suppliers that received Medicare loans to address cash flow issues stemming from the COVID-19 public health emergency (PHE) may start seeing a reduction in Medicare reimbursement as Medicare begins to...more

Repayment of Medicare Accelerated Payments Scheduled to Begin in April for Some Nursing Homes

Nursing homes that received Medicare loans to address cash flow issues stemming from the COVID-19 public health emergency (PHE) may soon see a reduction in Medicare reimbursement as Medicare begins to recoup a portion of...more

Key Health Provisions in the American Rescue Plan Legislation

On March 11, 2021, President Biden signed into law the American Rescue Plan Act, a $1.9 trillion package to provide relief related to the COVID-19 public health emergency. The final legislation, which passed with support from...more

Key Health Care Provisions in New COVID-19 Stimulus Legislation

On December 21, 2020, the House and Senate passed fiscal year (FY) 2021 federal omnibus appropriations legislation that included the fifth measure passed by Congress to address the COVID-19 pandemic. In addition to providing...more

HRSA Issues Final Rule to Implement 340B Program Dispute Resolution Process

On December 14, 2020, the Health Resources and Services Administration (HRSA) published in the Federal Register a final regulation to implement a 340B drug pricing program administrative dispute resolution (ADR) process. The...more

Increasing Choice and Site Neutrality: CMS Finalizes Elimination of Inpatient Only List and Modifications to ASC Covered...

On December 2, 2020, CMS issued a Final Rule finalizing revisions to the Medicare Hospital Outpatient Prospective Payment System (OPPS) and the Medicare Ambulatory Surgical Center (ASC) payment system for Calendar Year (CY)...more

HHS/OIG Finalizes Rule Stripping PBM Rebates of Safe Harbor Protection

On November 20, the Department of Health and Human Services (HHS) and HHS Office of Inspector General (OIG) issued a Final Rule to finalize a February 6, 2019 proposal stripping rebates received from drug manufacturers by...more

Medicare Issues Interim Final Rule to Lower Payments to Hospitals and Physicians for Certain Drugs Starting January 1, 2021

On November 20, 2020, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule with comment period (IFC) to implement a payment model that will significantly reduce Medicare reimbursement rates for...more

HHS Releases Guidance on COVID-19 Provider Relief Fund Reporting System

On September 19, 2020, the Department of Health and Human Services (HHS) released detailed guidance outlining reporting requirements for health care providers that receive payments from the COVID-19 Provider Relief Fund...more

Lawmakers Call on HHS to Stop Drug Companies from Denying 340B Drug Pricing

Members of Congress of both parties are requesting that the Department of Health and Human Services (HHS) take action to ensure that providers participating in the 340B drug pricing program can continue to receive discounted...more

The Status of State CARES Act Funding

The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided $150 billion to the Department of Treasury to be issued to states and local governments through the Coronavirus Relief Fund (CRF), also referred to as...more

Increasing Choice and Site Neutrality: Proposals to Eliminate Inpatient Only List and Revise Ambulatory Surgical Center Covered...

In an effort to provide beneficiaries with an increased choice of care and in another nod toward CMS' policy of increasing choice and its site neutrality initiative, CMS has proposed the elimination of the Inpatient Only...more

Federal Appeals Court Upholds Payment Reduction to 340B Hospitals

On July 31, 2020, the D.C. Circuit Court of Appeals issued a decision reversing a lower court decision and upholding Medicare payment cuts to certain hospitals participating in the 340B drug pricing program that have been in...more

Medicare Proposes Deeper Drug Payment Cuts to 340B Hospitals

On August 4, 2020, CMS issued a proposed rule to further reduce outpatient drug payment rates under Medicare to certain hospitals participating in the 340B drug pricing program. As part of the 2021 OPPS Proposed Rule, CMS...more

Federal District Court Upholds CMS Hospital Price Transparency Rule, Reporting to Begin January 1, 2021

On June 23, 2020, a federal district court upheld a Centers for Medicare and Medicaid Services (CMS) regulation that requires hospitals to publicly report information regarding their standard charges, including privately...more

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