A popular saying is that it takes 21 days to form a habit and about 66 days on average for a behavior to become automatic. If that is correct, the three-year period of unprecedented waivers and flexibilities in the provision...more
As the end of 2020 approaches, the melody to “Auld Lang Syne” inevitably comes to mind. The meaning of this song is particularly appropriate as we consider what will stay, and what will pass when it comes to telehealth in...more
In its calendar year 2021 Medicare Physician Fee Schedule (“MPFS”) proposed rule, released August 3, 2020, the Centers for Medicare and Medicaid Services (“CMS”) has proposed to make permanent certain telehealth changes that...more
On July 23, 2020, U.S. Department of Health and Human Services (HHS) Secretary Alex Azar renewed the declaration that a national public health emergency (PHE) exists due to the COVID-19 pandemic....more
As we reported earlier, the Centers for Medicare & Medicaid Services (CMS), as part of its blanket waivers issued on March 30, 2020,2 has waived the location requirement for provider-based status for the duration of the...more
We have previously commented on OCR’s exercise of enforcement discretion and accompanying FAQs for covered entities during the COVID-19 public health emergency....more
On March 20, 2020, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance in the form of FAQs in follow up to its Notification of Enforcement Discretion for good faith provision of...more
In this update, we incorporate information on waivers of penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of...more