Articles and Blogs

The transfers and discharges of COVID-19 positive and COVID-19 negative residents are challenging for skilled nursing facilities (“SNFs”) and/or nursing facilities (“NFs”), (in this alert, SNFs and NFs are collectively Long‑Term Care Facilities “LTC Facilities”) as they navigate the evolving government guidance and delicate communication and public relations areas. On April 13, 2020, the... READ MORE

On April 9, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued its third version 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 skilled nursing facilities (“SNFs”). The Blanket Waiver Memo adds several physician services waivers for... READ MORE

The Centers for Medicare & Medicaid Services (“CMS”) and the Centers for Disease Control and Prevention (“CDC”) recently issued new recommendations to state and local governments and skilled nursing facilities (“facility”) to help mitigate the spread of COVID-19. Two states also recently announced they will pay facilities a premium to identify as COVID-only facilities.... READ MORE

On March 30, 2020, CMS issued a pre-publication copy of its “Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (“PHE”)” Interim Final Rule (“Rule”). This Rule addresses regulatory changes to Medicare and Medicaid intended to help Medicare providers during the COVID-19 Pandemic. The Rule includes several changes to Medicare’s Home... READ MORE

On March 23, 2020, Centers for Medicare & Medicaid Services (“CMS”) announced the preliminary results of a recent survey of a nursing home in Kirkland, Washington, the epicenter of the COVID-19 outbreak in Washington. According to a Centers for Disease Control and Prevention (“CDC”) report, 81 residents, 34 staff and 14 visitors also became... READ MORE

As the nation has followed the back and forth effort to pass a massive stimulus bill related to the COVID-19 crisis, there has been a significant focus on the size of the stimulus. This has included focus on the amount of checks to taxpayers, subsidies and loans to businesses, unemployment benefits and more. Most... READ MORE

On March 10, 2020, the Quality, Safety & Oversight Group at CMS issued a memorandum entitled “Guidance for use of Certain Industrial Respirators by Health Care Personnel”  (“QSO Memo”) that announced health care workers will have an expansive range of options to protect themselves and patients from COVID-19 and other respiratory illnesses. The QSO Memo clarifies... READ MORE

Due to the strain on the entire health care system caused by the COVID-19 pandemic, the Centers for Medicare & Medicaid Services (“CMS”) issued a memo on March 23, 2020, prioritizing certain surveys of long-term care facilities and halting all other surveys for three weeks. Specifically, the memorandum prioritizes surveys for (1) complaints and... READ MORE

On March 13, 2020, Secretary Azar of the Department of Health and Human Services (the “HHS”) issued a letter titled “Waiver or Modification of Requirements Under Section 1135 of the Social Security Act” (the “Azar Letter”) that grants the Centers for Medicare & Medicaid Services (the “CMS”) the authority to issue waivers specific to... READ MORE

On March 10, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (“COVID-19”) in Home Health Agencies (“HHAs”)” (“QSO Memo”) that announced recommendations for HHAs regarding taking appropriate action to address potential and confirmed COVID-19... READ MORE