News & Analysis as of

State of Emergency Waivers

King & Spalding

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

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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

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

International Lawyers Network

Not Only Will We March Again: Committed, Resilient IP Lawyers Marching Still In Time Of COVID

A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son...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

Dorsey & Whitney LLP

New CMS COVID-19 Blanket Waivers for Health Care Providers

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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

Skadden, Arps, Slate, Meagher & Flom LLP

President Trump Uses the Defense Production Act To Compel Production of Ventilators, Prohibit Hoarding in Response to COVID-19

After first invoking the Defense Production Act (DPA) on March 18, 2020, President Donald Trump has taken several actions to formally deploy the authorities we discussed in our March 20, 2020, client alert, “President Trump...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

McDermott Will & Emery

Crisis & Compliance: EU Competition Law During COVID-19

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Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding...more

Balch & Bingham LLP

Summary of Coronavirus Aid, Relief, and Economic Security (CARES) Act

Balch & Bingham LLP on

On March 25, 2020, the Senate voted 96-0 to approve the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The House is expected to vote on this bill on Friday, March 27....more

Rivkin Radler LLP

HHS Issues National Emergency Health Care Waivers

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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

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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

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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

McDermott Will & Emery

OCR Enforcement Waivers of Certain HIPAA Requirements in Furtherance of Telehealth During COVID-19 Pandemic

McDermott Will & Emery on

In response to the global Coronavirus (COVID-19) pandemic, US state and federal government agencies have worked to promote utilization of telehealth. Prior to and following President Trump’s declaration of a national...more

Spilman Thomas & Battle, PLLC

COVID-19 and Restaurant Alcohol Sales in West Virginia

On March 18, 2020, Governor Jim Justice suspended the rule prohibiting bars and restaurants from providing beer and wine for off-premises consumption. Restaurants and bars with Class A licenses are now permitted to sell...more

Williams Mullen

Virginia Announces Payment Extension and Penalty Waiver for Corporate and Individual Income...

Williams Mullen on

In response to disruptions to Virginia taxpayers caused by the COVID-19 crisis, the Virginia Department of Taxation (the “Department”) has extended the deadline for Virginia taxpayers to pay their income taxes. This relief...more

Husch Blackwell LLP

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

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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

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

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

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

Beltway Buzz - March 2020 #3

COVID-19 Grips Federal Policymakers. Like the rest of the country, lawmakers and regulators spent much of this week grappling with the effects of the COVID-19 virus. Below is a quick rundown of the various responses from...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

Fox Rothschild LLP

COVID-19 Update: Limited Waiver Of HIPAA Sanctions And Penalties For Certain Hospitals

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Effective March 15, 2020, certain hospitals that fail to comply with specific HIPAA Privacy Rule requirements will not be subject to HIPAA sanctions and penalties, according to a “COVID-19 & HIPAA Bulletin” issued by U.S....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

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