Articles and Blogs

On May 31, 2023, the Centers for Medicare & Medicaid Services (“CMS”) released a final rule (“Final Rule”) that withdraws the COVID vaccine requirement for health care workers of Medicare-certified and Medicaid-certified long-term care facilities (“LTC Facilities”). The Final Rule follows through on the May 1, 2023 memorandum released by the Quality, Safety &... READ MORE

On April 4, 2023, the Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule (“Proposed Rule”) that would update Medicare payment policies and rates for skilled nursing facilities (“SNFs”) under the Skilled Nursing Facility Prospective Payment System (“SNF PPS”) for fiscal year 2024. The Proposed Rule also proposes changes and additions to the SNF... READ MORE

During the COVID pandemic, more and more long-term care providers turned to staffing agencies to fill shifts and staffing shortfalls. Indiana Governor Eric Holcomb recently signed Indiana House Enrolled Act No. 1461 (the “Staffing Agency Law”) into law. The Staffing Agency Law contains several changes to laws that impact Indiana long-term care providers and... READ MORE

As skilled nursing facilities work and provide health care services after the May 11, 2023, end of the Public Health Emergency, questions and concerns about visitation at these facilities will likely continue to arise. The Centers for Medicare & Medicaid Services (“CMS”) recently released revisions and additional clarifications to prior CMS guidance on many... READ MORE

On May 1, 2023, the Quality, Safety & Oversight Group at CMS issued a memorandum entitled “Guidance for the Expiration of the COVID-19 Public Health Emergency (PHE)” (the “CMS Memo”) which announced that certain regulations or other policies included in the Interim Final Rules during the public health emergency (“PHE”) will be modified with the... READ MORE

March 17, 2023, was the transition period deadline for full state compliance with the Home and Community-Based Services (“HCBS”) Final Regulation.  As part of the steps to get ready for this deadline, in late 2022, the Centers for Medicare & Medicaid Services (“CMS”) visited several settings in multiple states that were identified by the... READ MORE

On January 30, 2023, the Biden Administration announced the COVID public health emergency (“PHE”) will expire and end on May 11, 2023. The end of the PHE has a significant impact on skilled nursing facilities (“SNFs”) as it ends the remaining regulatory blanket waivers, revisits resident Medicaid eligibility and changes many COVID regulations that... READ MORE

CMS intends to increase its oversight and scrutiny of changes of ownership (“CHOWs”) and operator disclosures for skilled nursing facilities. On November 2, 2022, CMS announced revisions to the Calendar Year 2023 Payment Policies that impact Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies; Medicare Shared Savings Program Requirements;... READ MORE

The Centers for Medicare & Medicaid Services (“CMS”) intends to increase its oversight and scrutiny of skilled nursing facilities in its Special Focus Facility (“SFF”) program. CMS is revising the SFF program to protect and improve the quality of care that residents living in these skilled nursing facilities receive. This action is being taken... READ MORE

The Centers for Medicare & Medicaid Services (“CMS”) has retooled guidance it armed surveyors with regarding how to survey skilled nursing facilities for compliance with the CMS staff vaccine requirements. The revisions address condition-level and actual harm determinations to ensure that deficiency citations recognize good faith efforts by providers. On October 26, 2022, CMS... READ MORE