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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 and available enforcement remedies.

As noted in our December 16, 2021 alert, the Omnibus COVID-19 Health Care Staff Vaccination Interim…

In a preliminary injunction issued on Tuesday, November 30, 2021, a federal judge in Louisiana temporarily blocked the implementation and enforcement of an interim final rule by the Centers for Medicare & Medicaid Services (CMS) that would require employees of Medicare and Medicaid certified health care providers and suppliers to have an initial COVID vaccine…

This post is a courtesy of Fox Rothschild attorney William H. Maruca, Esq., and was first published as an Alert on Fox’s website.

A bipartisan bill introduced this summer would impact residential and behavioral health facilities and other health care providers sued under the federal False Claims Act (FCA), making defense of these actions…

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…

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…

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

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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

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*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…

***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…

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…