Articles and Blogs

On December 3, 2020, HHS issued a Fourth Amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”), which, in part, expands access to certain telehealth services during the COVID-19 public health emergency (“PHE”).  Most notably, this amendment preempts state professional licensure laws with respect to “Covered Countermeasures” that are provided through telehealth... READ MORE

As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part I of II)”), here (“EEOC Provides COVID-19 Guidance Via Webinar (Part II)”) and here (“EEOC Updates COVID-19 Technical Assistance”), the Equal Employment Opportunity Commission (“EEOC”) has previously addressed several employment practice concerns throughout the ongoing COVID-19 pandemic. Earlier this fall, the EEOC released... READ MORE

On November 20, 2020, the Centers for Medicare & Medicaid Services (“CMS”) released a much anticipated final rule (“Final Rule”) aimed at modernizing and streamlining key regulations under the federal Stark Law. As anticipated, the Final Rule included some major changes to the Stark regulations that will drive physician contracting, compensation models and compliance... READ MORE

On Wednesday, November 25, 2020, CMS announced additional flexibilities in the “Hospitals Without Walls” waiver initiative designed to permit even greater flexibility for hospitals to treat eligible patients in the patient’s home. It is critical to note that this is an individualized waiver program. Each hospital that wishes to provide care through the Acute... READ MORE

It turns out that the mail-in voting debate extends beyond the 2020 presidential election. In particular, and as you may recall based on our previous post, union elections around the nation have been ripe for controversy in the mail-in voting discussion during the COVID-19 pandemic. The National Labor Relations Board (“NLRB” or the “Board”)... READ MORE

On November 16, 2020, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) released a Special Fraud Alert (the “Alert”) addressing speaker program payments made by pharmaceutical and medical device companies to health care professionals (“HCPs”). Specifically, the Alert focuses on company-sponsored events at which the HCP makes a speech... READ MORE

Many clients have inquired about what they can do to ensure adequate safety precautions are being observed in their medical office buildings. A recent study found that 61% of Americans are not confident or only slightly confident that public spaces have the guidance needed to open safely. Another study found that 44% of respondents... READ MORE

On September 4, 2020, the Centers for Disease Control and Prevention (“CDC”) issued an order to temporarily halt residential evictions of certain individuals for the nonpayment of rent through December 31, 2020 (“Order”). Based on the express language of the Order, the CDC aims to prevent the spread of COVID-19 by allowing some renters... READ MORE

Michigan recently joined a chorus of states adopting protections for businesses and governmental agencies related to COVID-19 exposures and adding protections and requirements for employees. On October 22, 2020, Michigan Governor, Gretchen Whitmer, signed three new pieces of legislation. Health care organizations will particularly take note because many of their employees have no work-from-home... READ MORE

On Thursday, October 29, HHS made the most substantial revisions to its Relief Fund Frequently Asked Questions document to date, adding or modifying 61 FAQs and deleting 78. Many of the deletions are related to the new or modified FAQs, as well as the updated Reporting Guidelines issued October 22, which we addressed here.... READ MORE