Articles and Blogs

The Department of Health and Human Services (“HHS”) recently released details about qualifying for its nursing home infection control distributions. Previously, on September 3, 2020, HHS announced the details of its $2 billion Provider Relief Fund (“PRF”) performance-based incentive payment distribution to nursing homes (“NH Incentive Payments”). “Nursing homes” refers to skilled nursing facilities... READ MORE

On September 3, 2020, the Department of Health and Human Services (“HHS”) announced the details of its $2 billion Provider Relief Fund (“PRF”) performance-based incentive payment distribution to nursing homes. “Nursing homes” refers to skilled nursing facilities (often known as SNFs) for Medicare and nursing facilities (often known as NFs) for Medicaid. This $2... READ MORE

On September 1, 2020, the Department of Health and Human Services (“HHS”) announced that assisted living facilities (“ALFs”) may now apply for funds from the Public Health and Social Services Emergency Provider Relief Fund (the “CARES Act Provider Relief Fund”) under the Phase 2 General Distribution. HHS estimates that nearly one million older adults live in... READ MORE

On August 17, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Enforcement Cases Held during the Prioritization Period and Revised Survey Prioritization” (“QSO Memo”) that announced the further expansion of survey activity and guidance around enforcement activity. The QSO Memo follows previous... READ MORE

On August 25, 2020, the Centers for Medicare & Medicaid Services (“CMS”) released over 200 pages of interim final regulations (the “Interim Final Regulations”) to clarify new enforcement requirements for nursing homes, add requirements for labs to report COVID-19 test results during the public health emergency and require nursing homes to test residents and... READ MORE

In an effort to ensure that skilled nursing homes (“SNFs”) can quickly and regularly test residents and staff for COVID-19, HHS announced the procurement of U.S. Food and Drug Administration authorized rapid point-of-care diagnostic test instruments and tests to be distributed to SNFs. HHS intends to initially distribute antigen testing instrument systems and tests... READ MORE

CMS recently issued an update of a memorandum entitled “COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers” (“Blanket Waiver Memo”) that announced additional blanket waivers for providers, including hospitals and skilled nursing facilities (“SNFs”) as a result of the COVID-19 public health emergency (“PHE”). The waivers have a retroactive effective date of March... READ MORE

On June 25, 2020, CMS released the pre-publication copy of the CY2021 Home Health PPS Proposed Rule (the “Proposed Rule”). Compared to prior years, this year’s rule is surprisingly brief. Of course, COVID-19 Pandemic has already resulted in significant compliance challenges for the industry. The Proposed Rule addresses the annual payment update. CY2021 Adjustments... READ MORE

Skilled nursing facilities (“SNFs”) are facing many challenges as they reopen their communities to visitors. State health departments are issuing guidance on outdoor SNF visits and phased reopening of businesses. On June 24, 2020, CMS released visitor guidance in the form of several pages of FAQs “Frequently Asked Questions (FAQs) on Nursing Home Visitation”... READ MORE

Skilled nursing facilities (“SNFs”) are facing many challenges as their residents and staff encounter COVID-19. During the COVID-19 pandemic, Centers for Medicare & Medicaid Services (“CMS”) and state departments of health have focused on infection control surveys, programs, and prevention. This week, the Centers for Disease Control and Prevention, Center for Preparedness and Response... READ MORE