On May 10, 2023, the Drug Enforcement Agency (DEA) released a new regulation – “Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications” – temporarily extending the “full set” of...more
On January 30, 2023, the Biden Administration announced its intent to end the COVID-19 public health emergency (PHE) on May 11, 2023.
The PHE has been in place for over three years during which time many telehealth and...more
2/8/2023
/ Anti-Kickback Statute ,
Civil Monetary Penalty ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
DEA ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicare ,
OCR ,
OIG ,
Public Health Emergency ,
Ryan Haight Act ,
Telehealth
It has been almost two years since the Centers for Medicare & Medicaid Services (CMS) first issued blanket waivers of certain hospital conditions of participation allowing healthcare systems and hospitals to provide hospital...more
The Consolidated Appropriations Act, 2022 (the Act), was passed by the U.S. House and Senate on March 9th and 10th, 2022, and signed into law by the President on March 15, 2022. The Act extends certain telehealth...more
3/17/2022
/ CARES Act ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
HDHP ,
HSA ,
Medicaid ,
Medicare ,
MedPAC ,
Mental Health ,
Public Health Emergency ,
Rural Health Care Program ,
Telehealth
Despite continuing disputes as to the legality and enforcement of the CMS vaccine mandate for certified providers and suppliers, CMS has indicated it will proceed with enforcement of the mandate in those states where it is...more
12/30/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Enforcement ,
Exemptions ,
Interim Final Rules (IFR) ,
Preliminary Injunctions ,
Reasonable Accommodation ,
SCOTUS ,
Vaccinations
Earlier this month, on the same day the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), the Centers for Medicare &...more
11/16/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Healthcare Workers ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Vaccinations
...On July 13, 2021, the Centers for Medicare and Medicaid Services (CMS) released an advance copy of the calendar year (CY) 2022 Medicare Physician Fee Schedule (PFS) proposed payment rule, to be published on July 23, 2021....more
Companies who feel the Public Health Emergency (PHE) waivers and exceptions have rendered telemedicine “immune” from compliance oversight might be surprised to learn what federal regulators have in the works. The Office of...more
3/1/2021
/ Audits ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Fraud ,
Home Health Agencies ,
Home Health Care ,
Medicaid ,
Medicare ,
Medicare Part B ,
Mental Health ,
OIG ,
Public Health Emergency ,
Telehealth ,
Telemedicine ,
Waivers
The Centers for Medicare and Medicaid Services (CMS) just released its 2021 Final Rule (Physician Fee Schedule), with telehealth policy changes and a list of new services covered under Medicare. Actions taken by CMS during...more
12/3/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Final Rules ,
HCPCS ,
Medicare ,
Mental Health ,
Nursing Homes ,
Physician Fee Schedule ,
Public Health Emergency ,
Reimbursements ,
Secretary of HHS ,
Telehealth
On October 14, 2020, CMS added eleven new codes to the list of telehealth services covered by Medicare during to the COVID-19 Public Health Emergency (PHE). Coverage for these new services is effective immediately and will...more
On September 1, 2020, the U.S. Department of Health and Human Services (HHS) announced that assisted living facilities (ALFs) may now apply for funding under the Provider Relief Fund (PRF) Phase 2 General Distribution...more
The Department of Health & Human Services (DHHS) announced some Medicare providers who experienced challenges in the Phase 1 general distribution application period will get a second chance to apply for funds. This limited...more
The Centers for Medicare & Medicaid Services (CMS) recently issued its proposed 2021 Physician Fee Schedule rule, enumerating the services CMS proposes to add (and remove) from the list of telehealth services covered under...more
Not necessarily. In the past two weeks, the Office of Inspector General (OIG), the Department of Health and Human Services (HHS) watchdog, released two new FAQs regarding the Application of OIG’s Administrative Enforcement...more
The Centers for Medicare and Medicaid Services (CMS) has introduced a new crop of temporary regulatory flexibilities in response to the COVID-19 public health emergency (PHE) in the form of new blanket waivers, implementing...more
Between various blanket Section 1135 waivers and state specific waivers issued by CMS, provisions of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) and numerous state, local and accreditation body...more
On the evening of March 30, 2020, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (IFC) introducing a new crop of temporary regulatory waivers and new rules to equip the American health care...more
On March 26, 2020, as part of Florida’s response to the Novel Coronavirus (COVID-19) pandemic and resulting state of emergency, Florida Governor Ron DeSantis issued Executive Order 20-85 (the Order), mandating insurance...more
On March 27th, Congress passed and the President signed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). On both the federal and state levels we have seen efforts to support social distancing in the...more
4/2/2020
/ CARES Act ,
Certifications ,
Clinical Laboratory Testing ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Federal Funding ,
Financial Stimulus ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Inpatient Prospective Payment System (IPPS) ,
Medical Supplies ,
Medicare ,
Prescription Drugs ,
Public Health Emergency ,
Telehealth
On March 13, 2020, the President declared the Novel Coronavirus (COVID-19) outbreak in the U.S. a national emergency. The President’s declaration, coupled with Section 1135 (of the Social Security Act) waivers issued by the...more
3/25/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Children's Health Insurance Program (CHIP) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Hospitals ,
Medicaid ,
Medicare ,
Relief Measures ,
Social Security Act ,
State of Emergency ,
Waivers
To further relax strict compliance with certain health care practice statutes and rules that could prevent, hinder, or delay necessary action relating to the Coronavirus (COVID-19) outbreak, Florida Surgeon General, Scott...more
On March 13, 2020, the President declared the Novel Coronavirus (COVID-19) outbreak in the U.S. a national emergency. The President’s declaration, coupled with Section 1135 (of the Social Security Act) waivers issued by the...more
On March 13, 2020, the President declared the Novel Coronavirus (COVID-19) outbreak in the U.S. a national emergency. The President’s declaration, coupled with Section 1135 (of the Social Security Act) waivers issued by the...more
As part of Florida’s response to the rapidly developing novel coronavirus (COVID-19) pandemic, the Florida Surgeon General, Scott Rivkees, M.D., of the Florida Department of Health (DOH), issued Emergency Order 20-002 (Order)...more
As the coronavirus pandemic has unfolded, hospitals across the country have begun asking how the Emergency Medical Treatment and Labor Act (EMTALA) will be applied to them when they are confronted with individuals coming to...more