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

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

The Department of Health and Human Services (“HHS”) updated its Provider Relief Fund Frequently Asked Questions (“FAQs”). The latest revisions are dated May 26 and 29, 2020 and June 2, 2020 and include new FAQs and modifications to existing FAQs. A Hall Render alert on those revisions and updates is here. HHS added FAQs... READ MORE

The Department of Health and Human Services (“HHS”) announced that it will begin to deliver nearly $4.9 billion from the Public Health and Social Services Emergency Provider Relief Fund (sometimes referred to as the CARES Act Provider Relief Fund) on May 22, 2020 to skilled nursing facilities (“SNFs”). Purpose? HHS intends for SNFs to... READ MORE

States like Indiana, Connecticut and Maine are offering to pay nursing homes a higher per diem for COVID-19 presumptive residents or a higher percentage reimbursement rate if a nursing home qualifies as a “COVID-19 ready” facility, as discussed in our recent article here. As nursing homes assess, plan for and take actions to qualify... READ MORE

Recognizing that hospitals need additional flexibilities and financial stability to combat COVID‑19, CMS published in a second Interim Final Rule enabling hospitals to temporarily relocate excepted off-campus and on-campus provider-based hospital departments without losing the ability to receive payment for hospital outpatient services paid under the outpatient prospective payment system (“OPPS”). Despite this increased... READ MORE

On April 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) released 279 pages of interim final regulations to add a new provision at 42 CFR 483.80(g)(1), to require facilities to electronically report to the Centers for Disease Control and Prevention (“CDC”) information about COVID-19 in a standardized format specified by CMS. What... READ MORE

Visitation, residents leaving and returning, telephone surveys, hospitalized patients being discharged to a nursing home and other issues have been challenging for skilled nursing facilities (“SNFs”) and nursing facilities (“NFs”) (in this alert, SNFs and NFs are collectively Long‑Term Care Facilities “LTC Facilities”) as they navigate the evolving government guidance. On April 24, 2020,... READ MORE

The reporting and disclosure of COVID-19 positive cases have been a hot button issue for nursing homes (“NHs”). On April 19, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Upcoming Requirements for Notification of Confirmed COVID-19 (or COVID‑19 Persons under Investigation) Among Residents... READ MORE