News & Analysis as of

Families First Coronavirus Response Act (FFCRA) Public Health Emergency

Sheppard Mullin Richter & Hampton LLP

Continuity in Coverage: CMS Extends the Unwinding SEP & Issues Final Rule for Medicaid and CHIP Enrollment

On March 28, 2024, the U.S. Department of Health and Human Services (HHS), through the Centers for Medicare & Medicaid Services (CMS), announced that it is extending the temporary special enrollment period (the Unwinding SEP)...more

King & Spalding

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

King & Spalding on

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

Morgan Lewis - Health Law Scan

Medicaid’s Unwinding: Significant Disenrollments Will Affect Plans, Providers, and Patients

Estimates show that Medicaid enrollment grew by more than 20 million (approximately 31%) during the public health emergency (PHE) and the top Medicaid managed care organizations (MCOs) experienced a 44.1% increase in managed...more

Faegre Drinker Biddle & Reath LLP

Health Plan Coverage and Documentation Following the End of the COVID-19 Emergencies

The COVID-19 national emergency and public health emergency officially ended on April 10 and May 11, 2023, respectively. (As a practical matter, the Biden administration is effectively treating both emergencies as ending on...more

Morgan Lewis - Health Law Scan

Medicaid Changes Now and Later: What to Expect at the End of the PHE and Beyond

Medicaid enrollment grew significantly during the public health emergency (PHE). States implemented expanded eligibility and enrollment as well as reduced cost sharing and premiums based on Medicaid program regulatory...more

Ankura

The Department of Justice’s Withdrawal of Three Antitrust Statements and the Impact on Health Care Organizations

Ankura on

On February 3, 2023, the Department of Justice Antitrust Division (DOJ) announced the withdrawal of three policy statements that have long guided the information exchanges as well as the related enforcement in the healthcare...more

Mintz - Health Care Viewpoints

The End of the Federal COVID-19 Public Health Emergency is Near: What to Expect as HHS Transitions beyond the Emergency Phase

With less than two weeks left until the end of the federal COVID-19 Public Health Emergency (PHE), which is set to expire on May 11, 2023, the Department of Health and Human Services (HHS) is preparing to transition certain...more

Dickinson Wright

End of the COVID-19 Emergency – Impact on Employee Benefit Plans

Dickinson Wright on

On March 29, 2023, the Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (the “Departments”) published FAQs Part 58 on the Families First Coronavirus Response Act (“FFCRA”), the Coronavirus Aid,...more

Jenner & Block

Client Alert: The End of the COVID-19 Emergencies: New Joint Agency FAQs Published

Jenner & Block on

On March 29, 2023, the US Department of Labor, the Department of Health and Human Services and the Department of the Treasury (the “Joint Agencies”) released welcome guidance on the announced end of the COVID-19 national...more

McGuireWoods LLP

We’ve Come to the End of the COVID-19 Outbreak Period Road: Federal Regulators Issue New Benefit Plan Guidance

McGuireWoods LLP on

On March 29, 2023, the U.S. Departments of Labor, Health and Human Services, and the Treasury (collectively, the departments) issued new guidance in the form of frequently asked questions (FAQs), Part 58, regarding the...more

Proskauer - Employee Benefits & Executive...

It’s Over: DOL, Treasury, and HHS Confirm End of (Most) COVID-19 Rules for Health Plans

Earlier this week, the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) jointly issued guidance confirming that most COVID-19-related benefit coverage mandates, as well as the special tolling...more

Bressler, Amery & Ross, P.C.

The New Jersey Department of Banking & Insurance Honors a Special Enrollment Period Due to Medicaid Unwinding Subsequent to the...

As part of the federal response to the COVID-19 pandemic, under the COVID-19 Public Health Emergency (“PHE”) and the Families First Coronavirus Response Act (“FFCRA”), NJ FamilyCare (also referred to as Medicaid) has...more

Holland & Knight LLP

Holland & Knight Health Dose: March 28, 2023

Holland & Knight LLP on

Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector. ...more

Laner Muchin, Ltd.

Preparing for the End of the COVID-19 Emergency Periods for Health Plans

Laner Muchin, Ltd. on

President Biden recently announced his intention to end the COVID-19 National Emergency and Public Health Emergency effective May 11, 2023. As we previously discussed here, those emergency declarations had significant impacts...more

McDermott Will & Emery

Preparing for the End of the Covid-19 Emergency: Coverage of Covid-19 Testing

McDermott Will & Emery on

The Biden administration has announced its intention to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our series introduction for more information). A key...more

Baker Donelson

Medicaid Enrollment Redeterminations Looming

Baker Donelson on

The Consolidated Appropriations Act (CAA) enacted on December 29, 2022, decoupled the Medicaid continuous enrollment requirement from the end of the Public Health Emergency (PHE), effective March 31, 2023.1 While CMS guidance...more

Snell & Wilmer

High Deductible Health Plan Telehealth Relief, Extended Again!

Snell & Wilmer on

If you sponsor a high deductible health plan (“HDHP”) and have been tracking telehealth relief, your head may be spinning and rightfully so! There have been various laws and guidance impacting HDHPs and telehealth since 2020...more

Manatt, Phelps & Phillips, LLP

Strategies to Ensure Continuous Coverage for Children at the End of the Public Health Emergency

The Families First Coronavirus Response Act (FFCRA) provides enhanced federal matching funds to states as a condition of maintaining Medicaid enrollment until the conclusion of the COVID-19 public health emergency (PHE).1 As...more

Manatt, Phelps & Phillips, LLP

Leveraging Section 1902(e)(14) Waiver Authority Amid Unwinding

Editor’s Note: In a new expert perspective prepared for the Robert Wood Johnson Foundation’s State Health and Value Strategies program, reproduced below, Manatt Health outlines the time-limited targeted enrollment...more

Manatt, Phelps & Phillips, LLP

Ensuring Continuity of Coverage for High-Need Enrollees When Medicaid Continuous Coverage Ends

Editor’s Note: The current Medicaid continuous coverage requirements enacted by the Families First Coronavirus Act (FFCRA) prohibit states from disenrolling individuals from Medicaid for the duration of the public health...more

Morgan Lewis

Departments Release FAQs on Over-the-Counter COVID-19 Tests and Other Preventive Services

Morgan Lewis on

The US Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) on January 10 published much-anticipated FAQs implementing President Joseph Biden’s announcement last month to expand...more

Manatt, Phelps & Phillips, LLP

State Strategies to Prepare for PHE Unwinding: Updating Addresses and Responding to Returned Mail

Editor’s Note: At the end of the public health emergency (PHE), people currently enrolled in Medicaid and the Children’s Health Insurance Program (CHIP) are at risk of losing their coverage unless state Medicaid/CHIP agencies...more

Manatt, Phelps & Phillips, LLP

The End of the COVID-19 PHE and Medicaid Continuous Coverage: Health Equity Implications

Medicaid enrollment has increased by over 10 million (or 15 percent) from February 2020 through February 2021 across all states since the outbreak of the COVID-19 pandemic. A significant contributor to these gains in coverage...more

Foley Hoag LLP - Medicaid and the Law

New State Health Official Letter Extends Post-PHE Processing Timelines, Implements Redetermination Requirement

We’ve previously discussed the numerous flexibilities CMS offered state Medicaid programs to respond to local outbreaks and address health concerns associated with the COVID-19 public health emergency (PHE). Back in...more

Hogan Lovells

D.C. extends COVID-19 leave laws through November 5

Hogan Lovells on

As District of Columbia businesses and area schools continue to reopen, employers should keep in mind their continuing obligations under the District’s COVID-19 leave laws, which the mayor recently extended through November...more

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