Following the President’s declaration of a national emergency due to COVID-19 on Friday, March 13, 2020, and in conjunction with HHS Secretary Azar’s declaration of a public health emergency on January 31, 2020, the Centers for Medicare and Medicaid Services (CMS) has issued the first round of blanket 1135 waivers to temporarily waive or modify certain Medicare, Medicaid, and Children’s Health Insurance Program (CHIP) requirements for providers and suppliers. Continue reading →
The U.S. Department of Health and Human Services (HHS) has issued blanket waivers for certain healthcare regulatory requirements effective 6:00 p.m. on March 15, 2020, and they are retroactive to March 1, 2020. These waivers issued by HHS are in addition to the waivers issued by CMS on Friday, 3/13/2020. Included in the HHS waivers are the following: Continue reading →
On October 3, 2019, the Department of Health and Human Services, Office of Inspector General (HHS-OIG) issued its proposed amendments to specific provisions of the Anti-Kickback Statute (AKS), 42 CFR §§ 1001 and 1003. These proposed amendments modify existing safe harbors, add new safe harbors that provide new protections and codify existing statutory protections. Continue reading →
On October 9, 2019, the U.S. Department of Health and Human Services (“HHS”) released proposed changes to the physician self-referral law (the “Stark Law Proposed Rule”) and the Anti-Kickback Statute (AKS) and the Civil Monetary Penalty Law (CMPL) (the “AKS Proposed Rule”). These proposed changes to the Stark Law, the Anti-Kickback Statute, and the Civil Monetary Penalty Law contain some of the most significant changes to these laws in the last several years. Continue reading →
October 7, 2019, the Centers for Medicare & Medicaid Services (“CMS”)
announced an enhancement available to nursing home residents, families and
caregivers on CMS’ “Nursing Home Compare” website. By the end of the month, CMS will display a
consumer alert icon next to nursing homes that have been cited on inspection
reports for one or both of the following: 1) Abuse that led to harm of a
resident within the past year; and 2) Abuse that could have potentially led to
harm of a resident in each of the last two years.
The Nursing Home Compare website is available here.
On September 25, 2019, the Centers for Medicare & Medicaid Services published a final rule detailing the methodology for implementing the Affordable Care Act (“ACA”) reductions to state Medicaid Disproportionate Share Hospital (“DSH”) allotments beginning in FY 2020. The final rule calculated $4 billion in state Medicaid DSH cuts for FY 2020 and an estimated $8 billion for each subsequent year through 2025.
When reviewing participating provider agreements with Bayou Health Plans, hospitals should keep the Louisiana Department of Health (“LDH”) requirements in mind as they carefully review proposed agreements for potential pitfalls. The following are some tips for hospitals to consider. Continue reading →