Articles and Blogs

On August 17, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Enforcement Cases Held during the Prioritization Period and Revised Survey Prioritization” (“QSO Memo”) that announced the further expansion of survey activity and guidance around enforcement activity. The QSO Memo follows previous... READ MORE

On August 25, 2020, the Centers for Medicare & Medicaid Services (“CMS”) released over 200 pages of interim final regulations (the “Interim Final Regulations”) to clarify new enforcement requirements for nursing homes, add requirements for labs to report COVID-19 test results during the public health emergency and require nursing homes to test residents and... 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

CMS recently issued an update of a memorandum entitled “COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers” (“Blanket Waiver Memo”) that announced additional blanket waivers for providers, including hospitals and skilled nursing facilities (“SNFs”) as a result of the COVID-19 public health emergency (“PHE”). The waivers have a retroactive effective date of March... READ MORE

On June 25, 2020, CMS released the pre-publication copy of the CY2021 Home Health PPS Proposed Rule (the “Proposed Rule”). Compared to prior years, this year’s rule is surprisingly brief. Of course, COVID-19 Pandemic has already resulted in significant compliance challenges for the industry. The Proposed Rule addresses the annual payment update. CY2021 Adjustments... READ MORE

Skilled nursing facilities (“SNFs”) are facing many challenges as they reopen their communities to visitors. State health departments are issuing guidance on outdoor SNF visits and phased reopening of businesses. On June 24, 2020, CMS released visitor guidance in the form of several pages of FAQs “Frequently Asked Questions (FAQs) on Nursing Home Visitation”... READ MORE

Skilled nursing facilities (“SNFs”) are facing many challenges as their residents and staff encounter COVID-19. During the COVID-19 pandemic, Centers for Medicare & Medicaid Services (“CMS”) and state departments of health have focused on infection control surveys, programs, and prevention. This week, the Centers for Disease Control and Prevention, Center for Preparedness and Response... READ MORE

Skilled nursing facilities (“SNFs”) are facing many challenges as their residents and staff encounter COVID-19 diagnosis, care and testing. During the COVID-19 pandemic, CMS and state departments of health have issued and revised interim final regulations, waivers, quality care directives, orders and multiple guidance memos. In early June 2020, the U.S. Department of Justice... 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

Skilled nursing facilities (“SNFs”) have two new areas of focus from the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) – infection control and tracking their use of CARES Act provider relief funds. OIG Work Plan Update: Infection Control Recently, the OIG updated its Work Plan, to add audit of... READ MORE