Articles and Blogs

Under the federal Stark Law, hospitals, physician groups and other provider entities may provide non-monetary (i.e., non-cash or cash equivalent) compensation to physicians up to an aggregate amount of $452 for calendar year 2022. The dollar limit for “medical staff incidental benefits” provided by a hospital to a member of its medical staff (e.g., meals,…Read More

On November 30, 2021, a federal district court in Louisiana enjoined implementation of the vaccine mandate issued by the Centers for Medicare & Medicaid Services (“CMS”). The order prevents implementation of the interim final rule until the entire case is decided on its merits unless (or until) the decision is reversed by the Fifth Circuit…Read More

On Monday, November 29, 2021, the U.S. District Court for the Eastern District of Missouri issued a preliminary injunction prohibiting the Centers for Medicare & Medicaid Services (“CMS”) from enforcing its COVID-19 vaccine mandate on covered health care organizations. Specifically, the court ruled that CMS is not to implement or enforce its vaccine mandate “pending…Read More

With just 10 words, Centers for Medicare & Medicaid Services (“CMS”) announced sweeping changes to nursing home visitation rules – “Visitation is now allowed for all residents at all times.” On November 12, 2021, the Quality, Safety & Oversight Group at CMS issued a revised memorandum entitled “Nursing Home Visitation” (“CMS Visitation Memo”) that announced updated…Read More

Update: This article was published on November 22, 2021, and it is specific to developments related to the OSHA COVID-19 vaccine mandate. Significant legal developments occurred this week with respect to the Centers for Medicare & Medicaid  Services Interim Final Rule regarding a COVID-19 vaccine mandate for covered health care facilities. Please see Hall Render’s…Read More

After more than two years of anticipation, the Centers for Medicare & Medicaid Services (“CMS”) issued final guidance pertaining to hospital co-location with other hospitals or health care facilities for purposes of compliance with the Medicare Conditions of Participation (“CoPs”) for Hospitals subject to 42 CFR Part 482 (“Final Guidance”). The original CMS guidance was…Read More

As the end of 2021 looms closer, COVID-19 still dominates the conversation as to health care, including health care real estate. And many of the pandemic-related challenges have not changed. The staffing, supply and hospital-bed shortages that health care providers and real estate developers hoped were temporary are now long-term issues that will reshape hospital…Read More

On November 2, 2021, the Centers for Medicare and Medicaid Services (“CMS”) issued its CY 2022 Medicare Physician Fee Schedule (“MPFS”) Final Rule. Simultaneously, CMS released its CY 2022 Outpatient Prospective Payment System (“OPPS”) Final Rule with comment period. Below is a high-level summary of significant changes established by the MPFS Final Rule. For further…Read More