In the event of a national disaster or emergency under the Stafford Act or the National Emergencies Act and a Public Health Emergency Declaration by government officials, the Department of Health and Human Services (HHS) Secretary can temporarily waive certain Medicaid and Medicare criterion, which are commonly referred to as 1135 Waivers.  By way of example, 1135 Waivers or … Continue Reading

On May 8, 2020, CMS published an Interim Rule, one portion of which is focused on new reporting requirements for skilled nursing facilities. The new reporting requirements, effective May 8, 2020, fall into two categories: (a) reporting COVID-19 Information to the Centers for Disease Control (CDC); and (b) reporting COVID-19 information to residents and family members. Details regarding the … Continue Reading

Shortly after the State of New York relaxed its direct physician supervision requirements in response to the rampant spread of Novel Coronavirus 2019 (“COVID-19”), the Centers for Medicare and Medicaid Services (“CMS”) published revised standards for its direct physician supervision requirements on March 30, 2020 and April 9, 2020.

March 30, 2020 CMS Guidance

  • The revised standards allow physicians to
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Shortly after the State of New York relaxed its direct physician supervision requirements in response to the rampant spread of Novel Coronavirus 2019 (“COVID-19”), the Centers for Medicare and Medicaid Services (“CMS”) published revised standards for its direct physician supervision requirements on March 30, 2020 and April 9, 2020.

March 30, 2020 CMS Guidance

  • The revised standards allow physicians to
Continue Reading

*UPDATE (4/27/20): Last week, HHS provided that $50 billion of the PHSSEF Relief Funds is allocated for general distribution to Medicare facilities and providers impacted by COVID-19, based on eligible providers’ 2018 net patient revenue. The first $30 billion tranche was automatically distributed in the beginning of April (see below). The second $20 billion tranche of PHSSEF Relief Funds will Continue Reading

***UPDATE: Providers who have been allocated a payment from the initial $30 billion tranche of PHSSEF Relief Funds must sign an attestation confirming receipt of the funds and agreeing to the Terms and Conditions within 30 days of payment. On April 16, 2020, HHS provided a link on its CARES Act Provider Relief Fund Webpage to the CARES Act Provider Continue Reading

Fellow Fox Rothschild LLP attorneys Margaret J. Davino, Salvatore J. Russo and Nawa A. Lodin generously contributed this post.

On March 17, 2020, the Centers for Medicare & Medicaid Services (CMS) broadened access to Medicare telehealth services to allow Medicare patients to receive more services from their doctors without travel to a health care facility.  This benefit is available … Continue Reading

CMS recently issued its proposed changes to the 2019 Medicare Physician Fee Schedule, which include a controversial change to the reimbursement rates for Level 2-5 evaluation and management (E/M) services and some notable changes to the Quality Payment Program.  This post highlights some key aspects of the Proposed Rule that will affect medical practices.

Red stethoscope with a pile of hundred dollar bills.CMS views the Rule as one … Continue Reading

This is the first installment in a new series on the Physician Law Blog entitled “Small Doses” designed to provide you with quick updates on meaningful issues.  We will continue to provide you with detailed updates on significant topics which we think are worth your time to read.  The purpose of “Small Doses” is to give you just enough information Continue Reading

Last month, CMS Administrator Seema Verma announced several initiatives to innovate the delivery of patient care at the ground level.  In collaboration with the Trump Administration and other federal agencies, CMS is taking steps to implement a system in which patients have control of their electronic health information and can easily transfer it between health care providers.  This system, referred … Continue Reading