Articles and Blogs

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

Update as of 9/14/20: As we anticipated below, the US Department of Labor has issued revised regulations in response to the SDNY decision. Please see our post here for details. Update as of 9/10/20: As discussed below, previously, a federal judge in New York’s Southern District invalidated several aspects of the DOL’s guidance regarding... READ MORE

The COVID-19 state of emergency has spurred unprecedented change in the realm of telehealth. This trend continues – but despite the headlines, there is more work to do. I. CMS Telehealth Proposals CY 2021 PFS On August 3, 2020, CMS posted the proposed Physician Fee Schedule rule (“Proposed Rule”) for CY 2021. The Proposed... READ MORE

On July 14, 2020, the Internal Revenue Service (the “IRS”), in response to the ongoing COVID-19 pandemic, issued Notice 2020-56 (the “Notice”) further postponing to December 31, 2020, the deadline for tax-exempt hospital organizations to complete a Community Health Needs Assessment (“CHNA”) and adopt an implementation strategy to meet the community health needs identified... 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

In April 2020, Hall Render published an article detailing state statutory, administrative and common law directives guiding commercial eviction and foreclosure actions during the COVID-19 pandemic. Two months later, the pandemic has far from subsided with many states reporting rising rates of new cases and experts predicting a second wave sometime in the fall,... 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

This latest installment of our series on HHS Provider Relief Funding focuses on the new Medicaid Targeted Distribution, the postponement of the July 10 reporting deadline and new and updated FAQs. Since our last Bulletin posted June 12, found here, HHS has posted 45 new or modified FAQs, including 20 dated June 25. Many... READ MORE

In the past few weeks, the National Labor Relations Board (“Board”) has issued several crucial decisions impacting union elections in the health care setting. At the close of April 2020, the Board declined to find that COVID-19 justified the stay of a union election at an acute care hospital. In its Order denying the... 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