News & Analysis as of

Health Care Providers Virus Testing

Holland & Knight LLP

No Sunset on the Horizon for EKRA

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Recently, Holland & Knight healthcare attorneys have received questions as to whether the Eliminating Kickback in Recovery Act (EKRA) is still in effect, given the recent expiration of many provisions of the Substance...more

Husch Blackwell LLP

Physician Loses Rare Criminal E/M Fraud Trial

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Evaluation and management (E/M) services have been called “the core” of healthcare billing. E/M is a catch-all claim, allowing medical professionals to bill for diagnosing or treating nearly any illness or injury. E/M is also...more

ArentFox Schiff

Investigations Newsletter: Government Brings FCA Action Against Laboratory Companies

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Government Brings FCA Action Against Laboratory Companies - On July 18, 2023, the US Department of Justice (DOJ) announced it has filed a complaint against multiple laboratory companies and their owner, Patrick...more

Jackson Lewis P.C.

Florida’s Latest Legislation in Wake of COVID-19: What Employers Need to Know

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New Florida legislation seeks to protect individuals from discrimination “based on health care choices” and bars COVID-19 mandates. The new law took effect on June 1, 2023. The law’s restrictions on vaccine mandates and...more

BakerHostetler

Government Scrutiny Expected of Providers That Furnished OTC COVID-19 Tests to Medicare Patients

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In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to...more

Sheppard Mullin Richter & Hampton LLP

Tracking the Waivers: Implications of the Wind Down of the COVID-19 Public Health Emergency

The White House recently announced that the COVID-19 national emergency and public health emergency (PHE) declarations will end on May 11, 2023. These declarations have been in place since the beginning of the COVID-19...more

Foley Hoag LLP

Massachusetts Department of Public Health Rescinds Public Health Emergency Orders for COVID-19

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On November 14, 2022, the Massachusetts Department of Public Health (DPH) issued Public Health Emergency Order No. 2022-21, which immediately rescinded other public health emergency orders that were previously issued in...more

Roetzel & Andress

COVID Laboratory Testing Investigations

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On this episode of the HealthLaw HotSpot, host Ericka Adler, Roetzel shareholder and Health Law Practice Group Leader, is joined by fellow Roetzel attorney Christina Kuta to discuss laboratory testing investigations related...more

Nelson Mullins Riley & Scarborough LLP

COVID-19 Uninsured Program Runs Out of Money

Providers who rely on the Health Resources & Services Administration (“HRSA “) COVID-19 Uninsured Program (“UIP”) for reimbursements related to COVID-19 testing, treatment, and vaccine administration will no longer be...more

Zuckerman Spaeder LLP

What Do the Supreme Court’s Decisions on COVID-19 Vaccine Mandates Mean for the American Workforce?

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On January 13, 2022, the U.S. Supreme Court struck down one federal COVID-19 vaccine mandate (on large employers) while leaving another (on federally funded healthcare facilities) intact. On balance, these decisions curb...more

Womble Bond Dickinson

What to Expect as OIG and CMS Audits Focus on COVID-19 Testing?

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The COVID-19 pandemic has caused an enormous need for testing and has spawned the creation of new labs and specimen collection agencies to (try to) meet that need. In 2020 alone, Medicare spent $1.5 billion on COVID-19 tests....more

Butler Snow LLP

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

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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

Steptoe & Johnson PLLC

Group Health Plans Must Provide Free Over-the-Counter COVID-19 Tests

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As of January 15, 2022, fully-insured and self-insured group health plans are required to reimburse participants for the cost of purchasing over-the-counter (“OTC”) COVID-19 tests, even if such tests are purchased without the...more

Ervin Cohen & Jessup LLP

Supreme Court Upholds Vaccine Mandate for Medicare and Medicaid-Certified Providers and Suppliers

On the same day that the United States Supreme Court imposed a stay of enforcement on OSHA’s vaccine mandate for private employers with over 100 employees, the Court ruled that the Centers for Medicare & Medicaid Services...more

Alston & Bird

Alston & Bird Health Care Week in Review - January 2022 #2

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Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in healthcare regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and...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...

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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

Smith Gambrell Russell

New Agency Guidance Requires Employer-Sponsored Group Health Plans to Cover Over-the-Counter COVID-19 Tests

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On January 10, 2022, the Departments of Labor, Health and Human Services, and the Treasury (collectively, the “Departments”) issued guidance requiring employer-sponsored group health plans to cover the cost of...more

Chambliss, Bahner & Stophel, P.C.

OSHA Update for Health Care Providers With 100 or More Employees

We want to make health care providers with 100 or more employees aware that, on December 27, 2021, the Occupational Safety and Health Administration (OSHA) announced the expiration of its June 2021 Emergency Temporary...more

Robinson+Cole Health Law Diagnosis

New COVID-19 At-Home Test Coverage Requirements Increase Need for Heightened Focus on Health Care Entity’s Billing Practices

I. Biden Administration Requirement for Insurance Companies to Cover Cost of At-Home COVID-19 Tests - On January 10, 2022, the U.S. Department of Health and Human Safety (HHS) announced that the Biden-Harris...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #2

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

King & Spalding

CMS to Resume Enforcement of COVID-19 Vaccination Mandate for Healthcare Workers in Jurisdictions Not Covered by Federal...

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On December 28, 2021, CMS announced that it would resume enforcement of its COVID-19 vaccine mandate for healthcare providers in areas not covered by injunctions issued by federal courts. As of December 15, 2021, federal...more

Fisher Phillips

California Boosts Vaccination Requirement for Workers in Healthcare Settings

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Right before you left the office for the holiday season, California public health officials issued an order requiring all workers in healthcare and high-risk congregate settings to receive their COVID-19 booster shots by...more

Fox Rothschild LLP

CMS Sets New Deadline for Compliance with Vaccine Mandate for Health Care Providers in 25 States and Washington, DC

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To assist health care providers that will soon be required to enforce a COVID-19 vaccine mandate, the Centers for Medicare & Medicaid Services issued guidance on December 28, 2021 regarding updated timelines for compliance...more

Parker Poe Adams & Bernstein LLP

The Rise and Fall of OSHA's Health Care Emergency Temporary Standard

On December 27, the Occupational Safety and Health Administration issued a statement announcing the withdrawal of the non-recordkeeping portions of its health care emergency temporary standard (ETS). OSHA originally announced...more

Sheppard Mullin Richter & Hampton LLP

California Department of Public Health Requires Health Care Workers to Receive the Booster Vaccine by February 1, 2022

On December 22, 2021, the California Department of Public Health (“CDPH”) issued an order requiring workers in health care facilities to receive booster vaccinations to help combat COVID-19. Health care workers must receive...more

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