On April 22, 2024, The Centers for Medicare & Medicaid Services (“CMS”) issued the “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency...more
The Centers for Medicare and Medicaid Services (“CMS”) recently released Administrative Information 24-05-NH to provide guidance to surveyors on areas of focus for Federal Monitoring Surveys (“FMS”). The document identifies...more
The Georgia Board of Pharmacy recently published regulations that allow licensed independent retail pharmacies that meet certain location restrictions and other requirements to obtain a special permit for dispensing low THC...more
A report released by the United States Department of Health and Human Services, Office of Inspector General (“OIG”) on September 1, 2023, details key emergency preparedness challenges reported by nursing homes situated in...more
The Centers for Medicare and Medicaid Services (“CMS”) almost certainly changed the Labor Day weekend plans for many policy analysts and others when it released its long-awaited minimum staffing Proposed Rule for long-term...more
AGG’s Home Health & Hospice team publishes a quarterly newsletter covering legal and regulatory topics specific to the home and community-based healthcare industry. The fields of end-of-life and home healthcare present...more
With proposed staffing standards looming for skilled nursing facilities/nursing facilities (“SNFs/NFs”), a White House press release and a Centers for Medicare and Medicaid Services (“CMS”) Quality, Safety & Oversight Group...more
A roundtable of 13 experts convened by the Government Accountability Office (“GAO”) has made several recommendations for improving infection prevention and control (“IPC”) efforts in nursing homes. The recommendations are...more
Despite ample and specific guidance from the Centers for Medicare & Medicaid Services (“CMS”) dating back to 2015 regarding the measures nursing homes should take when assisting residents with Medicare Advantage (“MA”)...more
An incoming operator of a senior living facility should consider and mitigate risks of potential successor liability when agreeing to operate a new facility.1 This is particularly true when the former operator has filed for...more
7/20/2022
/ Asset Management ,
Assisted Living Facilities (ALFs) ,
Business Assets ,
Business Transfer Agreements ,
Commercial Bankruptcy ,
Elder Care ,
Elder Issues ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Senior Housing ,
Successor Liability
The Occupational Safety and Health Administration (“OSHA”) announced on June 30, 2022, that it was extending “until further notice” its revised COVID-19 National Emphasis Program (“NEP”), which had been set to expire on July...more
7/13/2022
/ Coronavirus/COVID-19 ,
Enforcement Actions ,
Health and Safety ,
Healthcare ,
Healthcare Facilities ,
Infectious Diseases ,
NEP ,
New Guidance ,
Occupational Exposure ,
OSHA ,
Rulemaking Process ,
Safety Inspections ,
Whistleblowers ,
Workplace Safety
The Supreme Court, on May 2, 2022, granted certiorari to consider whether certain provisions in the Federal Nursing Home Reform Act (“FNHRA”) create rights that are federally enforceable by nursing home residents under 42...more
5/18/2022
/ 6 F4th 713 ,
Appeals ,
Bright-Line Rule ,
Certiorari ,
Elder Care ,
Federal Nursing Home Reform Act (FNHRA) ,
Health Care Providers ,
Healthcare ,
Long Term Care Facilities ,
Medical Malpractice ,
Nursing Homes ,
Patient Rights ,
SCOTUS ,
Spending Clause ,
Statutory Violations ,
Talevski vs. Health and Hospital Corporation of Marion County
With all states now past the Phase 2 deadline established by the Centers for Medicare and Medicaid Services (“CMS”) with respect to the vaccine mandate for staff of Medicare and Medicaid certified health facilities, the...more
4/13/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
New Guidance ,
Screening Procedures ,
Vaccinations ,
Workplace Safety
In keeping with several states that have recently overhauled their assisted living laws, the Commonwealth of Kentucky has enacted sweeping changes to its regulatory framework for assisted living. Kentucky Senate Bill 11 (“SB...more
Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more
2/1/2022
/ Advertising ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Healthcare ,
Healthcare Workers ,
Infectious Diseases ,
Life Sciences ,
Medical Devices ,
National Federation of Independent Business v Department of Labor and OSHA ,
OPDP ,
Opioid ,
OSHA ,
Pharmaceutical Industry ,
Prescription Drugs ,
Supply Chain ,
Vaccinations
On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more
1/21/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
In light of surging COVID-19 cases occasioned by the highly transmissible Omicron variant and questions from nursing homes regarding whether to limit visitation, the Centers for Medicare and Medicaid Services (CMS) earlier...more
While most healthcare providers have been struggling with staffing during the holidays, the Centers for Medicare and Medicaid Services (“CMS”) has been active in providing an enforcement update on the Omnibus COVID-19 Health...more
On December 7, 2021, R. Stan Baker, judge for the United States District Court for the Southern District of Georgia, enjoined enforcement of Executive Order 14042 (“EO 14042”) “in all covered contracts in any state or...more
In the course of 24 hours, two federal district courts, one in Missouri and one in Louisiana, issued preliminary injunctions that prevent the Centers for Medicare and Medicaid Services (“CMS”) from implementing and enforcing...more
On November 30, 2021, the United States District Court for the Eastern District of Kentucky in the lawsuit, Commonwealth of Kentucky et al. v. Joseph R. Biden et al., Civil Action No. 3:21-cv-00055-GFVT, granted a preliminary...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Injunctive Relief ,
Lack of Authority ,
OSHA ,
Vaccinations ,
Workplace Safety
Although highly anticipated rulemaking by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) on November 4, 2021 to implement portions of the President’s COVID-19...more
Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more
7/26/2021
/ Cybersecurity ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Home Health Care ,
Life Sciences ,
Medical Devices ,
Medicare ,
OPDP ,
Pharmaceutical Industry ,
Pharmacies ,
Popular ,
Prescription Drugs ,
State Privacy Laws
More than seven months in from the effective date of the new Medicare Part B Home Infusion Therapy (HIT) services benefit, opportunities abound for pharmacies enrolled as qualified HIT suppliers. But challenges remain,...more
The Occupational Safety and Health Administration (OSHA), on June 10, 2021, released a long-anticipated Emergency Temporary Standard (“ETS”) to protect workers that provide healthcare and healthcare support services from...more