Articles and Blogs

The U.S. Department of Labor (“DOL”) released several documents regarding the recently passed Families First Coronavirus Response Act (“FFCRA”). It includes fact sheets and two Questions and Answer documents. Our article from March 19, 2020, found here, outlines the key employee rights and employer responsibilities from two of the acts within the FFCRA –... READ MORE

The lack of medical supplies and equipment necessary to treat patients and to protect individuals and health care workers from becoming infected with and spreading COVID-19 has been a constant refrain during this pandemic. The overall supply of these essential items, ranging from ventilators to personal protective equipment (“PPE”) to prevent the spread of... READ MORE

On March 24, 2020, the Federal Trade Commission (the “FTC”) and the Antitrust Division of the Department of Justice (the “DOJ”) issued a joint statement offering an insight into the Agencies’ approach to the COVID-19 pandemic and how entities can engage in pro-competitive collaboration that does not violate the antitrust laws. While much of... READ MORE

Wednesday, March 25 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 Early this morning, the Senate finally reached a tentative agreement... READ MORE

On March 23, 2020, the Health Resources & Services Administration (“HRSA”) launched a new webpage providing COVID-19 information related to the 340B drug discount program (“340B Program”), including responses to frequently asked questions related to COVID-19. HRSA’s COVID-19 Resources webpage is available here. In response to the COVID-19 pandemic, hospitals and other 340B Program... READ MORE

On March 10, 2020, the Quality, Safety & Oversight Group at CMS issued a memorandum entitled “Guidance for use of Certain Industrial Respirators by Health Care Personnel”  (“QSO Memo”) that announced health care workers will have an expansive range of options to protect themselves and patients from COVID-19 and other respiratory illnesses. The QSO Memo clarifies... READ MORE

In a previous article, we reported on CMS’s implementation of new billing edits that will Return to Provider any hospital UB-04 claims that identify a service location that is not an exact match to a Medicare-enrolled location identified in Provider Enrollment, Chain and Ownership System. The implementation date was set to begin in April of... READ MORE

On March 24, 2020, the U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) began reaching out to many hospital administrators to inquire about how they are responding to the COVID-19 national emergency as part of OIG’s planned projects (“Work Plan”). OIG has suggested that these requests are part of... READ MORE

The Southern District of Indiana recently held that a whistleblower must present sufficient evidence to support each alleged false claim, not just one, to survive summary judgment.[1] This holding is a win for FCA defendants that deal in a high volume of claims submitted to the government—like hospitals—and requires whistleblowers to identify every claim... READ MORE

Due to the strain on the entire health care system caused by the COVID-19 pandemic, the Centers for Medicare & Medicaid Services (“CMS”) issued a memo on March 23, 2020, prioritizing certain surveys of long-term care facilities and halting all other surveys for three weeks. Specifically, the memorandum prioritizes surveys for (1) complaints and... READ MORE