Articles and Blogs

On November 10, 2021, a settlement was issued in a case against the U.S. Department of Homeland Security that will now permit nonimmigrant H-4 and L-2 spouses to have automatic extensions of their Employment Authorization Documents (“EAD”) due to lengthy delays in processing by U.S. Citizenship and Immigration Services (“USCIS”). This settlement also will... READ MORE

Centers for Medicare & Medicaid Services (“CMS”) wants surveyors to add extra attention and increase oversight in nursing homes regarding the quality of care and quality of life for residents. On November 12, 2021, the Quality, Safety & Oversight Group at CMS issued a memorandum entitled “Changes to COVID-19 Survey Activities and Increased Oversight in... READ MORE

On November 8, 2021, the U.S. Department of Health & Human Services Office of Inspector General (“OIG”) revised its Self-Disclosure Protocol (“SDP”) for health care providers for the first time since 2013. OIG’s revisions brought the SDP in line with the current statutory penalties under the Anti-Kickback Statute (“AKS”) and Civil Monetary Penalties Law... READ MORE

Within days after the federal government’s adoption of a vaccine mandate for most hospitals and other participants in Medicare and Medicaid, the first court challenge has surfaced. On November 10, 2021, a coalition of 10 State Attorneys General filed suit against the federal government seeking to invalidate the interim final rule (“IFR”) issued on... READ MORE

NATIONAL 11 states sue over federal vaccination mandate for private businesses 26 states file suits against Biden’s vaccine mandate for big companies 9 medical associations, leaders react to CMS final payment rules 320K Impacted in EHR Vendor Breach, Ransomware Hits Health Systems Biden to continue FEMA virus aid for states until April 1 CMS... READ MORE

As Hall Render discussed here and here, on November 4, the Centers for Medicare and Medicaid Services (“CMS”) and Occupational Safety and Health Administration (“OSHA”) simultaneously released vaccine mandate rules. These, along with the federal contractor vaccine mandate, will require a majority of the American workforce to be vaccinated by January 4, 2022. Since... READ MORE

CMS issued the CY 2022 Medicare Physician Fee Schedule Final Rule on November 2, 2021, to include some minor expansion of coverage for telehealth services. Importantly, the general statutory coverage restrictions related to rural areas and defined originating sites will again be in place following the end of the Public Health Emergency (“PHE”) unless... READ MORE

On November 4, the Occupational Safety and Health Administration (“OSHA”) released its highly anticipated new Emergency Temporary Standard (“ETS”) requiring companies with 100 or more employees to mandate vaccination of their employees. In addition to the OSHA ETS, CMS simultaneously released its Interim Final Rule (“IFR”) regarding COVID-19 vaccination for covered facilities that receive... READ MORE

On November 4, CMS released its Interim Final Rule (“IFR”) requiring COVID-19 vaccinations for individuals working in Medicare- and Medicaid-participating facilities, as well as individuals working in certain other settings involving face-to-face interactions with patients.  The IFR requires all clinical and non-clinical personnel working within a Medicare and Medicaid participating facility or other applicable... READ MORE

On September 30, 2021, the Departments of Health and Human Services (“HHS”), Labor and Treasury and the Office of Personnel Management (collectively, the “Departments”) published the second interim final rule implementing certain provisions of the No Surprises Act (“Part II of the IFR”). Part II of the IFR addresses key aspects of the No... READ MORE