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On January 13, 2022, by a vote of 5-4, the U.S. Supreme Court stayed a pair of injunctions that had prevented implementation of the CMS Vaccine Mandate in 24 states. The Supreme Court’s ruling means that, for now, the CMS Vaccine Mandate should be in effect nationwide.1

How Did We Get Here?

On November

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

On October 2, 2020, Health and Human Services (HHS) Secretary, Alex M. Azar II, announced the renewal of the public health emergency declaration due to the continued consequences of the COVID-19 pandemic. The 90-day renewal is effective October 23, 2020, and extends until January 20, 2021.

The renewal impacts a number of regulatory flexibilities and

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

*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

Under CMS’s new Quality Payment Program, which will adjust Medicare Part B payments starting in 2019 based on data from this year, physicians and other eligible clinicians must qualify for one of two payment “tracks”, either the Merit-Based Incentive System (MIPS) or the Advanced Alternative Payment Model (Advanced APM) track.   A physician who qualifies under

On June 20, 2017, The Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule which would exempt a greater number of small practices from complying with the  Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”).

CMS’s Administrator, Seema Verma has been quoted as saying that CMS has “heard the concerns that too

The Centers for Medicare & Medicaid Services (“CMS”) recently introduced a new education initiative for Chronic Care Management (“CCM”) patients and providers. The initiative, called Connected Care, is intended to raise awareness of the benefits of providing CCM services to Medicare beneficiaries with multiple chronic conditions and to help ensure that health care providers are

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