News & Analysis as of

State of Emergency Department of Health and Human Services (HHS)

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

Proskauer - Minding Your Business

A Test Costs What? Pricing and Reimbursing COVID-19 Tests

Out-of-network providers appear to be inflating the price of COVID-19 diagnostic and antibody tests, according to a recent America’s Health Insurance Plans (AHIP) survey. The October 2020 survey reports that out-of-network...more

Womble Bond Dickinson

Medical Rationing: Putting the Greatest Good to the Test?

Womble Bond Dickinson on

Medical rationing is not something Americans are accustomed to, but COVID-19 may soon change that. As local hospitals become overwhelmed with COVID-19 patients, they may reach the point where they have to make grim decisions...more

Pierce Atwood LLP

COVID-19: Maine Governor Janet Mills Extends State of Emergency (UPDATED)

Pierce Atwood LLP on

On Wednesday, September 2, 2020, Governor Janet Mills issued a proclamation extending Maine’s state of civil emergency through October 1, 2020. This is the sixth proclamation renewing the state of civil emergency, and keeps...more

Husch Blackwell LLP

HHS Extends COVID-19 Public Health Emergency

Husch Blackwell LLP on

On Monday, June 30, 2020, HHS spokesman Michael Caputo tweeted that HHS intends to extend the COVID-19 public health emergency before it expires on July 25, 2020. Once extended, the public health emergency will be effective...more

Manatt, Phelps & Phillips, LLP

FEMA Public Assistance Program: COVID-19 Update

As described in our recent article setting forth the Basics of FEMA Public Assistance Program Funding for the COVID-19 Pandemic, national emergency and disaster declarations have made federal Disaster Relief Funds available...more

White and Williams LLP

COVID Restrictions Struck in Wisconsin – Other Challenges Likely

White and Williams LLP on

Tensions between safety, public health, and economic considerations broke into open view again yesterday, as the Wisconsin Supreme Court struck down an Emergency Order issued by the Secretary of the Wisconsin Department of...more

Miller Canfield

U.S. Government Extends Certain Deadlines For Employee Benefit Plans Due To COVID-19 National Emergency

Miller Canfield on

Recognizing the challenges facing employee benefit plan sponsors, administrators, and participants, on April 28, 2020, the Departments of Treasury (“DOT”), Labor (“DOL”) and Health and Human Services (“HHS”) extended certain...more

Akin Gump Strauss Hauer & Feld LLP

COVID-19 Policy Update #17

White House Unveils Testing Blueprint, Senate Slated to Return Monday, House Return Uncertain - President Trump unveiled the Administration’s blueprint for state testing plans and rapid response programs on Monday,...more

Seyfarth Shaw LLP

Texas State Agencies Weigh in on Governor’s Order on Non-Urgent Surgeries, But do They Provide Clarity?

Seyfarth Shaw LLP on

As previously reported, Texas Governor Greg Abbott issued Executive Order GA-15 extending the ban on surgeries and procedures with modifications regarding diagnostic procedures, timely (rather than immediate) need for...more

Hinshaw & Culbertson - Health Care

Limited Suspension of HIPAA Sanctions and Penalties During National Emergency

In response to President Trump's declaration of a national emergency concerning COVID-19, the U.S. Department of Health and Human Services (HHS) has issued a limited waiver of sanctions and penalties against covered hospitals...more

Seyfarth Shaw LLP

Texas Allows More Elective Procedures, But Questions Remain

Seyfarth Shaw LLP on

On April 17, 2020, Texas Governor, Gregg Abbot signed Executive Order GA-15 which extended, with some modifications, Executive Order GA-09 which prohibits certain non-emergency surgeries and procedures and is set to expire on...more

Foley & Lardner LLP

COVID-19: Privacy and Cybersecurity Regulatory and Enforcement Guidance

Foley & Lardner LLP on

As industry continues to adapt to the evolving realities of shelter-in-place orders, companies face challenges in supporting an unprecedented remote workforce while balancing compliance with a variety of regulatory agencies....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

Spilman Thomas & Battle, PLLC

Stark Blanket Waivers Issued During COVID-19 National Emergency

On March 30, 2020, the Secretary of the Department of Health and Human Services ("Secretary") announced a blanket waiver ("Waiver") of sanctions for violations of Section 1877 of the Social Security Act, also known as the...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

White & Case LLP

Implications of the CARES Act for International Trade

White & Case LLP on

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the purpose of which is to provide emergency assistance and health care responses for individuals,...more

BCLP

US Legislative Response to COVID-19

BCLP on

The unprecedented global pandemic posed by the new coronavirus (“COVID-19”) has left US lawmakers scrambling to provide emergency relief for individuals and businesses throughout the country while also seeking to slow the...more

Nutter McClennen & Fish LLP

Policymakers Grant Tort Immunity to Health Care Providers Developing a Cure for COVID-19

Federal and state government agencies have taken a series of unprecedented steps in recent days to fast-track the availability of coronavirus (COVID-19) diagnostic testing and spur innovation in the design and development of...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

Bass, Berry & Sims PLC

FEMA Issues Additional Guidance on Public Assistance for Healthcare Nonprofits Responding to COVID-19 Pandemic

Bass, Berry & Sims PLC on

On March 19, 2020, the Federal Emergency Management Agency (FEMA) issued a Fact Sheet providing additional guidance on emergency protective measures that may be eligible for funding under the Stafford Act when incurred by a...more

Husch Blackwell LLP

COVID-19 Update: CMS Waiver Information For Private Practice Physicians And Non-Physician Practitioners

Husch Blackwell LLP on

President Donald Trump declared the coronavirus pandemic a National Emergency on March 13, 2020. This declaration granted the Department of Health and Human Services (HHS) Secretary Alex Azar authority to relax certain...more

Bass, Berry & Sims PLC

Waiver of Patient Cost-Sharing Obligations for Telehealth Services During COVID-19 Pandemic

Bass, Berry & Sims PLC on

On March 17, 2020, the Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) issued a Policy Statement addressing the ability of physicians and other practitioners to reduce or waive patient...more

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