Articles and Blogs

Wednesday, March 18 Update 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 Sen. Mitch McConnell (R-KY) reversed course and the Senate passed... READ MORE

In light of President Trump’s declaration of a national emergency with respect to the COVID-19 pandemic and so as not to distract vital health care providers from preparing for and caring for patients, three accreditation organizations with deeming authority from the Centers for Medicare & Medicaid Services (“CMS”) have decided to postpone surveys or... READ MORE

As part of the first COVID-19 legislative package, President Trump signed into law the “Telehealth Services During Certain Emergency Periods Act of 2020.” This particular legislation allows the HHS Secretary to lift certain constraints on Medicare payments for qualifying telehealth services in those geographic areas where a COVID-19 emergency has been declared. The intent... READ MORE

Until today, the United States Drug Enforcement Agency (the “DEA”) has prohibited telemedicine prescribing of controlled substances unless the provider had previously seen the patient in a traditional in‑person physical encounter, or under other various narrow circumstances. But today, the DEA invoked their emergency authority at 21 U.S.C. § 802(54)(D) to permit telemedicine prescribing... READ MORE

When landlords and tenants negotiated their leases, they probably did not have COVID-19 in mind. They could not have reasonably anticipated that a global pandemic could bring the global economy (as well as toilet paper inventory) to a grinding halt, reshaping how businesses operate for at least the near future. As a result, there... READ MORE

NATIONAL 5 hospitals quarantining workers amid coronavirus A ‘New Normal’ for Hospitals on the Front Lines Fighting Coronavirus Emergency physicians recommend policy changes to combat coronavirus outbreak AMA: 10 things to know about patient access to digital health records Amid growing coronavirus cases, hospitals have shared goal: Prevent the spread within their walls Amid... READ MORE

On March 2, 2020, the Supreme Court agreed to hear a case directly challenging the constitutionality of the Affordable Care Act (“ACA”),[1] but it is likely that the fate of ACA will not be decided before the 2020 presidential election. In Texas v. United States[2], multiple plaintiffs challenged the ACA in the District Court... READ MORE

NATIONAL CMS unveils participants in new ambulance payment model Drones are taking off in healthcare — and we shouldn’t be surprised Number of Medicare-Dependent Hospitals Falls by 28% Nurse Practitioner Workforce Hits Record High of 290K Pharma vet and former Biogen chief to lead biotech industry’s coronavirus response Supreme Court will decide the fate... READ MORE

On February 26, 2020, the National Labor Relations Board issued its final rule establishing the standard for determining whether two employers are joint employers under the Act (“New Rule”). History of Joint Employer Standard As explained by the NLRB, a joint employer finding has significant implications for rights and obligations under the NLRA relative... READ MORE

On February 11, 2020, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit upheld the decision of a lower court granting summary judgment in favor of the Secretary of the Department of Health and Human Services (“HHS”) in a wage index calculation Medicare reimbursement case. The Court held that the Secretary’s... READ MORE