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White House’s FY 2023 Budget Request Includes Healthcare Provisions

President Biden submitted his Fiscal Year (FY) 2023 budget request to Congress on March 28, 2022. The budget request is not binding on Congress. Rather, it may serve as a guide for both Congress and the administration as they...more

Compliance Considerations for Preparing to Unwind Reliance on Public Health Emergency Waivers

When COVID-19 was declared a Public Health Emergency (PHE), the Secretary of HHS was authorized to waive or modify certain Medicare, Medicaid, Children’s Health Insurance Program, HIPAA, and EMTALA requirements. Many...more

President Biden Announces Healthcare Provisions in Build Back Better Framework

Last week, President Biden presented an outline of a $1.75 trillion Build Back Better (BBB) social spending reconciliation framework resulting from months of negotiations with House and Senate Democrats. Congressional...more

Biden Administration Issues Additional No Surprises Act Guidance in New Interim Final Rules

On September 30, 2021, the Biden Administration issued the second set of implementing regulations under the No Surprises Act. The interim final rules, issued by the Departments of Health and Human Services, Labor, and...more

House Members Urge CMS Not to Finalize CY 2022 Physician Fee Schedule Due to Cuts in Reimbursement for Critical Services

Last week, over seventy bipartisan members of the U.S. House of Representatives signed a letter urging CMS to reverse proposed cuts in the CY 2022 Medicare Physician Fee Schedule (PFS) proposed rule (the PFS Proposed Rule)...more

CMS Announces Repayment of COVID-19 Accelerated and Advance Payments

On April 1, 2021, CMS announced that it began recovering COVID-19 Accelerated and Advance Payments (CAAPs) from Medicare providers and suppliers as early as March 30, 2021. Repayments begin one year from the date CMS...more

Major Changes Finalized to Stark Rules, Anti-Kickback Statute Safe Harbors and the Beneficiary Inducements CMP

CMS and OIG released highly anticipated final changes to the rules implementing the Stark Law, the safe harbors issued under the Anti-Kickback Statute (AKS) and the beneficiary inducements provision in the civil monetary...more

CMS Establishes Medicare Payment Policy for COVID-19 Antibody Treatment

Medicare beneficiaries will not have to pay out-of-pocket costs for coverage of monoclonal antibodies to treat COVID-19 during the public health emergency, CMS announced on November 10, 2020. The agency’s coverage will apply...more

Trump Administration Approves Georgia’s Limited Expansion of Medicaid and Work Requiremen

CMS approved Georgia’s Section 1115 demonstration project to partially expand Medicaid coverage for adults not otherwise eligible for Medicaid coverage with incomes up to 95 percent of the Federal Poverty Line (FPL)—short of...more

CMS Releases 2019 Medicare Shared Savings Program Accountable Care Organization Program Results

CMS Administrator Seema Verma announced the 2019 financial and quality results for Accountable Care Organization (ACOs) in the Medicare Shared Savings Program (MSSP) in a Health Affairs Blog post on September 14, 2020. ...more

HHS Awards $117 Million to Safety Net Clinics

HHS announced on August 25, 2020 that, through the Health Resources and Services Administration (HRSA), HHS has awarded over $117 million in quality improvement awards to 1,318 health centers. HRSA-funded health centers...more

Federal Government Changes Data Collection System for Reporting Coronavirus Data

HHS has issued new guidance, effective July 15, changing the protocol for how hospitals are required to report COVID-19 data to the federal government. Previously, hospitals reported data to the Centers for Disease Control...more

CMS Adjusts Center for Medicare and Medicaid Innovation Value-Based Payment Models in Response to COVID-19

On June 3, 2020, CMS announced changes to the Center for Medicare and Medicaid Innovation (CMMI) value-based care payment models. Notably, the changes include delaying the start date for new models that would test government...more

CMS Releases Tools to Support States’ Medicaid and CHIP Programs During the COVID-19 Outbreak

On March 22, 2020, CMS announced a suite of four new tools intended to help states combat the coronavirus by allowing states to streamline enrollment into long-term care and home-based services and by expediting application...more

CMS Issues Proposed Rule to Extend Comprehensive Care for Joint Replacement Payment Model and Include Outpatient Procedures

On February 20, 2020, CMS released a proposed rule that would extend the bundled-payment model for joint replacement surgery for an additional three years and broaden its scope to include outpatient procedures (the Proposed...more

Senators Grassley and Wyden Reintroduce Legislation to Reduce Medicare Appeals Backlog

On December 17, 2019, Senate Finance Committee Chairman Chuck Grassley (R-Iowa) and Ranking Member Ron Wyden (D-Ore.) reintroduced legislation to address the backlog of Medicare appeals cases awaiting review before an...more

Fifth Circuit Rules ACA Individual Mandate Unconstitutional

On December 18, 2019, the Court of Appeals for the Fifth Circuit ruled that the Patient Protection and Affordable Care Act (ACA) individual mandate is unconstitutional but remanded to the district court to assess whether the...more

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