News & Analysis as of

Centers for Medicare & Medicaid Services (CMS) State of Emergency

Sheppard Mullin Richter & Hampton LLP

EMTALA and Pregnancy Care Remains a Federal Enforcement Priority

On May 1, 2023, the Centers for Medicare and Medicaid Services (“CMS”) announced two investigations of hospitals that failed to offer necessary stabilizing care to a pregnant individual experiencing an emergency medical...more

King & Spalding

CMS Announces Resources and Flexibility in Response to Hurricane Ian for Florida and South Carolina

King & Spalding on

On September 27, 2022 and October 3, 2022, CMS announced additional resources and flexibilities available for Florida and South Carolina in response to the aftermath of Hurricane Ian. Following the President’s...more

Fox Rothschild LLP

North Carolina’s New Emergency Visitation Rules for Long-Term Care – What You Need to Do Now

Fox Rothschild LLP on

All North Carolina nursing homes, combination homes, adult care homes and family care homes (LTC Facilities) must now include with their admission material the emergency visitation policy (EVP) that will be in effect when...more

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - April 2022

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access...more

Manatt, Phelps & Phillips, LLP

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - March 2022

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth servic es. Telehealth is an essential tool in ensuring patients are able to access...more

Manatt, Phelps & Phillips, LLP

State Strategies for Helping Individuals With Opioid Use Disorder Through the COVID-19 Epidemic

Editors’ Note: As COVID-19 rips through the country, an often-overlooked population at extraordinarily high risk is the nearly 2 million adults with opioid use disorder (OUD). This group faces a perfect storm of health and...more

Seyfarth Shaw LLP

NYC Council Considering Worker “Bill of Rights” Amid COVID-19 Relief Bills

Seyfarth Shaw LLP on

During its first-ever remote session, members of the New York City Council have introduced a series of bills aimed at providing relief for individuals and businesses affected by the COVID-19 crisis....more

Moritt Hock & Hamroff LLP

Healthcare Update: CMS Unveils Temporary Relaxation Of Regulations Amid COVID-19 Outbreak

The Centers for Medicare and Medicaid Services ("CMS") have promulgated a number of temporary regulatory waivers and rules in an effort to mitigate the hardships facing the healthcare system amid the COVID-19 outbreak. The...more

Spilman Thomas & Battle, PLLC

CMS Waivers and Flexibilities

In times of emergency, the Secretary of Health and Human Services (the "Secretary") has authority to issue temporary waivers or modifications of certain Medicare, Medicaid, CHIP, and HIPAA requirements. The Centers for...more

Katten Muchin Rosenman LLP

Coronavirus (COVID-19) Federal and New York Health Care Primary Legal Sources

Federal - H.R.6201 Families First Coronavirus Response Act (Mar. 18, 2020) (among other things, establishes requirements for providing coronavirus diagnostic testing at no cost to consumers, treats personal respiratory...more

Dorsey & Whitney LLP

New CMS COVID-19 Blanket Waivers for Health Care Providers

Dorsey & Whitney LLP on

On March 30, 2019, the Centers for Medicare & Medicaid Services (“CMS”) published a compilation of COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (each, a “Blanket Waiver”). Section 1135 of the...more

McDermott Will & Emery

CMS Updates Infection Control Guidance with Focus on Dialysis Facilities

On March 30, 2020, CMS issued updates to its March 9, 2020, memo from the Quality Safety and Oversight (QSO) Group on controlling and preventing the spread of Coronavirus (COVID-19) in dialysis facilities and other...more

Foley & Lardner LLP

COVID-19: New York’s Medicaid Expansion of Telehealth During the State of Emergency

Foley & Lardner LLP on

On March 23, 2020, the New York State (NYS) Department of Health issued updated guidance regarding use of telehealth by Medicaid providers, Comprehensive Guidance Regarding Use of Telehealth including Telephonic Services...more

Dentons

CMS Issues FAQs Regarding Provider Enrollment, Including Telehealth

Dentons on

On March 24, 2020, CMS issued updated FAQs relating to provider enrollment during the COVID-19 pandemic. Of note, CMS confirms practitioners can provide telehealth services from their homes provided that they add their home...more

Rivkin Radler LLP

HHS Issues National Emergency Health Care Waivers

Rivkin Radler LLP on

Responding to the Coronavirus public health emergency, the Secretary of Health and Human Services (HHS) has waived certain requirements of the Medicare, Medicaid and Children’s Health Insurance Program (CHIP), including...more

Foley & Lardner LLP

COVID-19: Washington Becomes the Second State Approved For 1135 Medicaid Waiver – Key Takeaway

Foley & Lardner LLP on

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

Winstead PC

Using Skilled Nursing Facilities to Expand Hospital Capacity During COVID-19 Crisis

Winstead PC on

The nation’s healthcare system is preparing to reach record capacity in the coming weeks. Much focus has been on the limited capacities of the nation’s acute care hospitals....more

Parker Poe Adams & Bernstein LLP

N.C. Medicaid Looking to Cut Red Tape in Fight Against COVID-19

The federal government granted North Carolina permission on March 23 for health care providers across the state to temporarily avoid compliance with certain federal Medicaid requirements. The idea is to reduce bureaucracy...more

Bass, Berry & Sims PLC

1135 Waivers: HHS Authority to Alleviate Healthcare Regulatory Requirements During the COVID-19 National Emergency

Bass, Berry & Sims PLC on

As the number of confirmed cases of the novel coronavirus disease (COVID-19) continues to tick upward in the United States, administrative agencies are taking steps on a national scale to ensure that adequate healthcare items...more

Bass, Berry & Sims PLC

Specialty Pharmacy Compliance During COVID-19 Pandemic

Bass, Berry & Sims PLC on

The recent Centers for Medicare & Medicaid Services (CMS) memorandum to all Medicare Advantage Organizations, Part D Sponsors, and Medicare-Medicaid Plans (CMS Memo) does not provide any express relief for specialty...more

Dorsey & Whitney LLP

COVID-19 and Cross-State Clinician Licensure: Federal and State Regulations, Revisited, and What To Do About Them

Dorsey & Whitney LLP on

The COVID-19 pandemic has dramatically increased the number of patients and providers seeking to implement and use telehealth visits and other digital health solutions – and rapidly, at that. The challenge of implementing...more

McDermott Will & Emery

CMS Guidance and Waivers for MA and Part D Plans’ Response to COVID-19

McDermott Will & Emery on

Over the past week, the Centers for Medicare & Medicaid Services (CMS) has made a number of announcements related to Medicare coverage in connection with the Coronavirus (COVID-19) outbreak. Several of those announcements...more

Bass, Berry & Sims PLC

EMTALA Waivers During the COVID-19 Pandemic

Bass, Berry & Sims PLC on

Following President Trump’s proclamation on March 13, 2020, that the COVID-19 pandemic in the United States constitutes a national emergency, the Department of Health and Human Services (HHS) issued a Waiver or Modification...more

Miles & Stockbridge P.C.

Health Care Providers, Do You Understand Section 1135 Waivers?

On March 13, 2020, President Trump declared a national state of emergency as a result of the coronavirus (COVID-19) outbreak. Regardless of the intensity of the emergency from COVID-19 in a particular area, the President’s...more

Miles & Stockbridge P.C.

Using Telehealth Services in Response to COVID-19

The Telehealth Services During Certain Emergency Periods Act of 2020 (the “Act”) is part of the larger bipartisan Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020. The Act gives the Secretary of...more

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