News & Analysis as of

Centers for Medicare & Medicaid Services (CMS) Coronavirus/COVID-19 Interim Final Rules (IFR)

King & Spalding

CMS Issues Interim Final Rule for CMS Enforcement of State Compliance with Reporting and Federal Medicaid Renewal Requirements

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On December 4, 2023, CMS issued an interim final rule (the Interim Rule) (RIN 0938-AV26) to implement new enforcement authorities that CMS may use if states fail to comply with new reporting requirements or with federal...more

King & Spalding

CMS Issues FY 2024 Final Rule Updating Medicare Payment and Policies for Inpatient Rehabilitation Facilities

King & Spalding on

On July 27, 2023, CMS issued a final rule updating Medicare payments and policies under the Inpatient Rehabilitation Facility (IRF) Prospective Payment System and the IRF Quality Reporting Program for FY 2024 (Final IRF...more

Ballard Spahr LLP

CMS Ends COVID-19 Vaccine Mandate for Healthcare Workers

Ballard Spahr LLP on

On May 1, 2023, the Biden Administration announced the end of COVID-19 vaccination requirements for federal employees, contractors, CMS-certified facilities, and others, because, “we are now in a different phase of our...more

King & Spalding

CMS Lifts COVID-19 Vaccine Requirements for Long Term Care Facilities

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On May 31, 2023, CMS issued a final rule (Final Rule) repealing COVID-19 vaccination requirements for staff and testing requirements for staff and patients of long-term care (LTC) facilities. These were previously required...more

Stevens & Lee

Final Rule Ends COVID Vaccine Mandate in CMS-Certified Facilities

Stevens & Lee on

The United States Department of Health and Human Services (“HHS”), through the Centers for Medicare and Medicaid Services (“CMS”), published a final rule on June 5 (the “Final Rule”), which, among other important actions,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mission Accomplished...White House Declares an End to the Pandemic and the CMS Vaccine Mandate

On May 1, 2023, the Biden administration announced that it would be ending all of its various COVID-19 vaccination requirements on May 11, 2023, the same date as the COVID-19 national emergency and public health emergency...more

McDermott Will & Emery

CMS Downshifts on Expectations for Covered Healthcare Provider Staff COVID-19 Vaccination

McDermott Will & Emery on

CMS released guidance for surveyors that provides leeway in surveying for compliance with the November 2021 interim final rule with comment that imposed a vaccination mandate for most staff at certain covered provider types....more

Manatt, Phelps & Phillips, LLP

CMS Reexamines Its Interpretation of the COVID-19 Continuous Enrollment Requirement

The Big Picture - On September 23, the Centers for Medicare & Medicaid Services (CMS) reopened the comment period for a November 2020 interim final rule (IFR) titled “Additional Policy and Regulatory Revisions in Response...more

ArentFox Schiff

Physician Fee Schedule Proposed Rule for 2023 Released: What Pharmaceutical Manufacturers Need To Know

ArentFox Schiff on

The Centers for Medicare & Medicaid Services (CMS) calendar year 2023 rule proposing changes to payment policies under the Physician Fee Schedule (PFS) and Medicare Part B (the Proposed Rule) will officially be published in...more

King & Spalding

CMS Issues Final Rule for Medicare Advantage and Part D Plans

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On April 29, 2022, CMS issued its final rule for Medicare Advantage (MA) and Part D plans with updates including reduced out-of-pocket costs for prescription drugs and improved consumer protections. CMS published the final...more

Dorsey & Whitney LLP

Covid-19 Requirements for Healthcare Employers: A Recap of Where Things Stand

Dorsey & Whitney LLP on

There is a lot going on right now for healthcare employers.  The first phase of CMS’s vaccine mandate is in full effect nationwide (now including Texas), the CDC has changed masking guidance in some circumstances, and it has...more

Robinson+Cole Health Law Diagnosis

The Joint Commission Announces COVID Vaccine Surveys Have Begun

In a February 14, 2022, press release, The Joint Commission (Joint Commission) announced that it began surveying affected facilities for compliance with the Centers for Medicare and Medicaid Services (CMS) interim final rule...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Butler Snow LLP

CMS’ Phase 1 Deadline for Vaccine Mandate to Take Effect for Certain States Tomorrow

Butler Snow LLP on

Following the Supreme Court’s decision in Biden v. Missouri, CMS will require several states to be compliant with the “Phase 1” requirements of its Interim Final Rule (“IFC”) as of January 27, 2022. These states include...more

Miller Canfield

Public Sector Application of CMS' COVID-19 Health Care Vaccination Rule

Miller Canfield on

Key Takeaways: ..The Rule only applies to Medicare- or Medicaid-certified facilities and their contractors having contact with patients or staff ..The Rule does not apply to school districts receiving Medicare or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beyond the OSHA ETS and CMS Rule: What’s Up with Biden’s Executive Orders?

The U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Testing Standard (ETS) met its demise at the Supreme Court of the United States on January 13, 2022. That same day,...more

Bressler, Amery & Ross, P.C.

Supreme Court Weighs In On OSHA’S Vaccine Mandate: Here’s What We Know

In our last alert, we discussed the Sixth Circuit dissolving the Fifth Circuit’s nationwide injunction on OSHA’s Emergency Temporary Standard (“ETS”) and that the Supreme Court (“the Court”) would be holding a special hearing...more

Alston & Bird

CMS Issues Guidance After Supreme Court Greenlights CMS Health Care Facility Vaccine Mandate, Blocks OSHA Vaccine-or-Test Mandate

Alston & Bird on

In the wake of the Supreme Court’s mixed ruling on federal vaccination mandates, the Centers for Medicare & Medicaid Services has released three separate guidances for three groups of states. Our Labor & Employment and Health...more

Arnall Golden Gregory LLP

Supreme Court Issues Split Decisions on Federal Vaccine Mandates

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

DirectEmployers Association

OFCCP Week In Review: January 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Dorsey & Whitney LLP

U.S. Supreme Court Lifts Injunction Against CMS’ Health Care Facility Vaccine Mandate: What Does This Mean for Your Health Care...

Dorsey & Whitney LLP on

Health care employers are not alone in feeling overwhelmed by the constantly changing legal status of the various federal vaccine mandates. On Thursday afternoon, the Supreme Court made its rulings on two preliminary...more

Dorsey & Whitney LLP

The Supreme Court - January 13, 2022

Dorsey & Whitney LLP on

National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more

CDF Labor Law LLP

CMS Will Enforce Health Care Vaccine Mandate Unless Enjoined By Court

CDF Labor Law LLP on

On December 28, 2021, the Centers for Medicare and Medicaid Services (“CMS”) announced that it will begin enforcement of the COVID-19 vaccine mandate, as set forth in the Interim Final Rule published on November 5, 2021, in...more

Arnall Golden Gregory LLP

Enforcement Update on CMS Vaccine IFR, OSHA Vaccine ETS, and OSHA Healthcare ETS

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

Foley & Lardner LLP

The COVID-19 Vaccination Mandate: CMS is Ready for Enforcement ... in Half of the United States

Foley & Lardner LLP on

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

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