Articles and Blogs

On April 8, 2021, the Quality, Safety & Oversight Group at Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Updates to Long-Term Care (LTC) Emergency Regulatory Waivers Issued in Response to COVID-19” (“Blanket Waiver Update Memo”) that announced the termination of several blanket waivers for skilled nursing facilities (“SNFs”) related to resident... READ MORE

December 2020 was one of the deadliest months of the COVID-19 pandemic. Approximately 77,000 people died from the disease, and over 6.4 million tested positive with daily COVID-19 counts averaging over 205,000 cases. Yet despite these increased numbers and the corresponding effect on the domestic and global economy (another 140,000 workers lost their jobs... READ MORE

Over the last year, health care providers (“Recipients”) have received billions of dollars in relief fund payments from the Provider Relief Fund (“Relief Fund”) created by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) signed into law in March. Recipients of Relief Fund payments are required to comply with certain auditing and... READ MORE

After weeks of negotiations, the Senate and House passed a legislative package combining a $900 billion COVID-19 relief bill with a $1.4 trillion omnibus bill. The massive 5,500+ page bill officially titled the Consolidated Appropriations Act, 2021 (the “Act”), passed both the Senate and House with overwhelming bipartisan support. President Trump is expected to... READ MORE

Lawmakers in Washington have reached an agreement on a legislative package that will provide $900 billion in COVID-19 relief and approximately $1.4 trillion in government funding in 2021. Highlights of the health care-related provisions include $3 billion more for the Provider Relief Fund, suspension of the Medicare sequester for the first three months of... READ MORE

Following the recent Emergency Use Authorizations (“EUAs”) issued by the FDA for the Pfizer/BioNTech and Moderna COVID-19 vaccines, the Centers for Medicare & Medicaid Services (“CMS”) issued payment allowances and effective dates for vaccines, antibodies and their administration during the Public Health Emergency (“PHE”). Payment and effective date information can be found on the... READ MORE

Under the federal Stark Law, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $429 for calendar year 2021. The dollar limit for “medical staff incidental benefits” (e.g., meals, parking and other items or incidental services that are used on the hospital’s campus) is less than $37 per occurrence. Other... READ MORE

On Friday, December 11, the U.S. Food and Drug Administration issued the first emergency use authorization (“EUA”) for a vaccine for the prevention of coronavirus disease 2019 (“COVID-19”) caused by severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”) in individuals 16 years of age and older. The EUA allows the Pfizer-BioNTech COVID-19 Vaccine to be... READ MORE

The financial difficulties of the COVID-19 pandemic have created disputes between businesses and their insurers around the nation. While it may be tempting to file lawsuits as a creative way to recoup lost revenues, businesses should carefully review their insurance policies before filing suit in order to minimize the risk of losing their limited... READ MORE

Since the onset of the Severe Acute Respiratory Syndrome Coronavirus 2 (“SARS-CoV-2”) pandemic in early 2020, the federal government has been working diligently through Operation Warp Speed to expedite vaccine development for the prevention of Coronavirus Disease 2019 (“COVID-19”). Given the possibility that one or more COVID-19 vaccines may become available before the new... READ MORE