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

April 16, 2021 is National Healthcare Decisions Day. The goal of the day is to encourage Americans to think and talk about their health care goals and communicate their health care decisions by executing advance health care directives. Recent studies have found that most Americans have not executed documents that name a health care... READ MORE

Recently, the Occupational Safety and Health Administration (“OSHA”) has announced several fines and citations for violations against health care providers. Violations have included failing to provide training on the proper use of a respirator and personal protective equipment, and the failure to report injury, illness or fatality. And this may be just the beginning.... READ MORE

Recently, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Revised COVID-19 Survey Activities, CARES Act Funding, Enhanced Enforcement for Infection Control deficiencies, and Quality Improvement Activities in Nursing Homes” (the “Memorandum”) that details new triggers and criteria for focused infection control surveys for... READ MORE

The Consolidated Appropriations Act, 2021 (the “Act”) was signed into law on December 27, 2020 and recasts the Medicare hospice survey requirements and establishes new Medicare enforcement options and procedures. The Act’s hospice provisions generally track those contained in the Helping our Senior Population in Comfort Environments, also known as the HOSPICE Act, which... READ MORE

The future of post-acute provider enforcement actions will likely include increased attention, investigation and citing of infection control practices and resident abuse and neglect. On August 31, 2020, the Office of Management and Budget issued a Memorandum for the Deputy Secretaries of Executive Departments and Agencies (M‑20-31) titled “Implementation of Section 6 of Executive... READ MORE

On September 28, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Guidance related to the Emergency Preparedness Testing Exercise Requirements- Coronavirus Disease 2019 (COVID-19)” (“QSO Memo”) that confirms that certain testing and training exemptions are available based on activation of emergency plans and the... READ MORE

The Department of Health and Human Services (“HHS”) recently released details about qualifying for its nursing home infection control distributions. Previously, on September 3, 2020, HHS announced the details of its $2 billion Provider Relief Fund (“PRF”) performance-based incentive payment distribution to nursing homes (“NH Incentive Payments”). “Nursing homes” refers to skilled nursing facilities... READ MORE

On September 3, 2020, the Department of Health and Human Services (“HHS”) announced the details of its $2 billion Provider Relief Fund (“PRF”) performance-based incentive payment distribution to nursing homes. “Nursing homes” refers to skilled nursing facilities (often known as SNFs) for Medicare and nursing facilities (often known as NFs) for Medicaid. This $2... READ MORE

On September 1, 2020, the Department of Health and Human Services (“HHS”) announced that assisted living facilities (“ALFs”) may now apply for funds from the Public Health and Social Services Emergency Provider Relief Fund (the “CARES Act Provider Relief Fund”) under the Phase 2 General Distribution. HHS estimates that nearly one million older adults live in... READ MORE