The Louisiana Department of Health (LDH) has issued multiple directives significantly restricting non-emergency healthcare services in light of the COVID-19 crisis. The limitations have been reinforced by additional directives from the Louisiana State Board of Medical Examiners emphasizing the importance of discontinuing services and by the Louisiana Attorney General who launched a COVID-19 Task Force to enforce LDH restrictions on providers. Continue reading →

Laws and regulations are changing rapidly. After the publication of this article, they are subject to change. Check back regularly for updates.

The CARES Act (Coronavirus Aid, Relief, and Economic Security Act), the Coronavirus Preparedness and Response Supplemental Appropriations Act, and the Families First Coronavirus Response Act all provide funds to healthcare providers. In applying for funds under these Acts, the HHS has set up “Relief Fund Payment Terms and Conditions.” As with any government grant program, compliance with the terms and conditions form the basis of the government’s eventual evaluation of any complaint it may receive or any audit it may conduct regarding the healthcare provider’s use of the grant funds.

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On Sunday, April 19th, the Centers for Medicare & Medicaid Services (CMS) issued new recommendations specifically for communities that are in Phase 1 of the Guidelines for President Trump’s Opening Up America Again and that have low incidence or relatively low and stable incidence of COVID-19 cases. The recommendations are an update to earlier guidance provided by CMS on limiting non-essential surgeries and medical procedures. The new CMS guidelines recommend a gradual transition and encourage health care providers to coordinate with local and state public health officials and to also review the availability of Personal Protective Equipment (PPE) and other supplies, workforce availability, facility readiness, and testing capacity when making the decision to re-start or increase in-person care.

The new CMS recommendations can be found here: https://www.cms.gov/files/document/covid-flexibility-reopen-essential-non-covid-services.pdf

Written By: Clay Countryman

On Monday, April 6, 2020, CMS issued guidance regarding Ambulatory Surgery Centers (ASCs) that choose to temporarily enroll with Medicare as a hospital during the COVID-19 Public Health Emergency. (www.cms.gov/). CMS previously announced on March 30, 2020 several temporary new rules and CMS waivers adopted under 1135 emergency waiver authority that allow ASCs to either contract with hospitals to provide services to hospital patients in ASC facilities or to enroll and bill as hospitals and provide inpatient and outpatient hospital services during the COVID-19 Public Health Emergency (PHE). Continue reading →