Articles and Blogs

On March 30, 2020, OIG released a message to health care providers reinforcing OIG’s continued focus on aggressively pursuing bad actors exploiting the COVID-19 crisis but also praising the hard work and dedication of the frontline providers who are serving heroically in this crisis. This is in follow-up to our previous COVID-19-related guidance pertaining... READ MORE

The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated text messages or prerecorded calls to a cellular number without the prior consent of the receiving party. The TCPA expressly excepts from the foregoing prohibition any calls or messages sent for “emergency purposes.” See 47 C.F.R. § 64.1200(f)(4). In a Declaratory Ruling... READ MORE

On March 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued blanket waivers of several Stark Law requirements related to COVID-19 physician arrangements. These waivers are welcome news to hospitals, health systems and other providers that have been tackling challenging physician contracting, compensation and staffing issues over the past month. Timeframe The... 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

Monday, March 30 Recap Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website.​ CMS Updates Waivers & Flexibilities Late this afternoon, CMS updated the waivers... READ MORE

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), a $2.2 trillion stimulus package intended to spread relief across the American economy during the COVID-19 public health emergency. Title II of the CARES Act provides monetary relief for workers affected by COVID-19 by both... READ MORE

As COVID-19 continues to spread rapidly across the United States, emergency departments regardless of hospital size or location are being inundated with patients seeking emergency care. Providers have begun to question how they can fulfill their obligations to perform emergency screenings, stabilization and transfers in compliance with the Emergency Medical Treatment and Labor Act... READ MORE

On March 28, 2020, CMS published a Press Release announcing an expansion of its existing accelerated payment program (“APP”) to help providers and suppliers access emergency funding needed to support operations during the COVID-19 pandemic. The Press Release includes a Fact Sheet with details about eligibility, funding amounts, processing and how the funds are... READ MORE

Friday, March 27 Recap Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website.​ Congressional Outlook Despite a last minute procedural objection from Rep. Tom Massie... READ MORE

On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748) (“CARES Act” or “Act”). The CARES Act contains numerous provisions aimed at the response to the Coronavirus or COVID-19 pandemic, including $100 billion in reimbursement to hospitals and other health care entities for COVID-19-related expenses and lost... READ MORE