CMS Issues First Round Of Blanket Waivers for Hospitals and Other Healthcare Facilities to Provide Regulatory Flexibility to Help Healthcare Providers Contain the Spread of COVID-19

3D medical image with virus cells

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

HHS Issues Blanket Waivers on Several Regulatory Requirements Including Professional Licensure, EMTALA, and Certain HIPAA Privacy Requirements

3D medical image with virus cells

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

Proposed Revisions to the Anti-Kickback Statute: An Overview

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

Substantial Changes Proposed to the Stark Law and Anti-Kickback Statute Regulations to Address Regulatory Burdens and Value-Based Care Arrangements

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

CMS Announces Initiative to Enhance Nursing Home Transparency

On Monday, 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.

Written By: Catherine B. Moore

CMS Finalizes DSH Medicaid Payment Reductions

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.

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