News & Analysis as of

Virus Testing Centers for Medicare & Medicaid Services (CMS)

Maynard Nexsen

Sun Sets on CMS Mandatory Vaccination Requirement for Affected Healthcare Entities

Maynard Nexsen on

After nearly three years of navigating the most widespread public health crisis since the 1918 influenza pandemic, the Centers for Medicare and Medicaid Services (“CMS”) has withdrawn its mandatory vaccination and testing...more

BakerHostetler

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

BakerHostetler on

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

Jackson Lewis P.C.

As the U.S. COVID-19 Public Health Emergency Ends, Employers Ask Now What?

Jackson Lewis P.C. on

The U.S. COVID-19 Public Health Emergency will end on May 11, 2023, one week after the World Health Organization determined that COVID-19 is no longer a Public Health Emergency of International Concern....more

Stevens & Lee

The End of the Public Health Emergency: Updated Guidance

Stevens & Lee on

On February 9, 2023, the U.S. Department of Health and Human Services (“HHS”) announced that the Public Health Emergency (“PHE”) arising from the COVID-19 pandemic, declared under Section 319 of the Public Health Service Act,...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

McDermott Will & Emery

How Employers Should Prepare for the End of the Covid-19 National and Public Health Emergencies

McDermott Will & Emery on

On January 30, 2023, the Biden administration announced its intention to make final extensions of both the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) through May 11, 2023, at which point...more

King & Spalding

OIG Publishes Annual Medicare Laboratory Test Spending Report: COVID Tests, Chemistry Tests Drive Largest Annual Increase in...

King & Spalding on

On December 19, 2022, OIG released its annual report analyzing Medicare Part B spending on laboratory tests over the past year. According to OIG, Medicare Part B spending on laboratory tests increased 17% from $8.0 billion in...more

King & Spalding

OIG Review Identifies 378 Labs That Allegedly Billed Medicare Part B at Questionably High Levels for COVID-19 Tests

King & Spalding on

OIG issued a report last week examining alleged billing irregularities relating to COVID-19 tests (the Report). The Report explains that in response to increased Medicare Part B spending on COVID-19 tests in 2020, OIG...more

Robinson+Cole Health Law Diagnosis

OIG Issues Reports Reviewing Laboratory Billing Practices and Noting Increased Spending by Medicare Part B on Laboratory Tests

As the year comes to a close, the government has signaled a specific focus on clinical laboratories for 2023.  On December 6, 2022, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued...more

Nelson Mullins Riley & Scarborough LLP

RESCINDED: CMS will continue to exercise enforcement discretion under CLIA during the PHE

In a quick turnaround, CMS rescinded its September 26, 2022 memo and has decided it will continue to exercise its enforcement discretion under CLIA for the duration of the COVID-19 public health emergency...more

Nelson Mullins Riley & Scarborough LLP

EFFECTIVE IMMEDIATELY: CMS No Longer Allowing Labs to Perform COVID Tests Outside of the Test’s Authorization

Effective September 26, 2022, CMS rescinded its December 7, 2020, enforcement discretion for the Use of COVID-19 tests on asymptomatic individuals outside the test’s instructions for use. In a memo of the same date, CMS...more

ArentFox Schiff

DOJ Brings Charges Against 21 People in $150 Million COVID-19 Fraud Action

ArentFox Schiff on

The DOJ announced charges against 21 people across nine federal districts for their alleged role in pandemic-related fraud schemes resulting in over $149 million in false billings to federal programs. This is the largest...more

Kelley Drye & Warren LLP

U.S. Supreme Court Splits on Vaccine Mandates

The U.S. Supreme Court has issued two opinions on COVID regulations impacting employers and workers across the country. In the first, the Court stayed the Occupational Safety and Health Administration’s (“OSHA”) “vaccine or...more

Zuckerman Spaeder LLP

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

Zuckerman Spaeder LLP on

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

Steptoe & Johnson PLLC

Follow-up: The COVID Crystal Ball—Predicting the Future for Employers Five Questions Answered

Steptoe & Johnson PLLC on

On February 2, 2022, Steptoe & Johnson PLLC attorneys Bill Wahoff, Jeff Tour, and Ashley Faulkner held an interactive webcast and provided employers an opportunity to ask questions related to paying for testing, creating...more

Venable LLP

As the Federal Vaccine Mandates Fall One by One, Employers Are Left to Navigate a Maze of Uncertainty Amid State and Local Laws

Venable LLP on

In September 2021, President Biden announced a series of emergency worker protection regulations to combat surging positive test rates caused by the COVID-19 Delta variant. On September 9, 2021, the White House issued...more

Pullman & Comley - Labor, Employment and...

Red Light, Green Light: A Status Update on Federal Vaccine Mandates for Private Employers

OSHA’s Emergency Temporary Standard - On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring most employers with 100 or more employees to either...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Beveridge & Diamond PC

What’s Next for OSHA Rulemaking on COVID-19 and Other Infectious Diseases

OSHA has officially withdrawn its COVID-19 vaccination and testing emergency temporary standard (ETS), 29 C.F.R. § 1910.501, per a notice in the January 26 Federal Register. 87 Fed. Reg. 3928 (Jan. 26, 2022). As explained in...more

Sheppard Mullin Richter & Hampton LLP

COVID-19 ETS Requiring Vaccination or Weekly Testing Withdrawn

On January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced its withdrawal of the COVID-19 Emergency Temporary Standard (“ETS”) requiring vaccination or weekly testing. This action came...more

Bass, Berry & Sims PLC

The Federal COVID-19 Vaccine Mandates Are Barely Hanging On

Bass, Berry & Sims PLC on

The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future....more

Weintraub Tobin

Federal OSHA Withdraws COVID-19 Vaccination and Testing Emergency Temporary Standard

Weintraub Tobin on

Our Blog has been monitoring the ETS that OSHA issued in November 2021 that mandated employers of 100 or more employees to require their employees to obtain COVID-19 vaccinations or undergo regular COVID-19 testing instead. ...more

Kohrman Jackson & Krantz LLP

After Scotus Ruling On Vax Mandate, What’s Next For Employers?

On Jan. 13, 2022, the United States Supreme Court (SCOTUS) granted an emergency request for relief staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS), requiring all employers with...more

Butler Snow LLP

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

Butler Snow LLP on

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

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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