Articles and Blogs

With Election Day just around the corner, employers will want to consider their local and state rules regarding whether employees are entitled to time off to vote. While there is no federal law requiring that an employer provide leave to its employees, there are a multitude of state laws – that vary with great significance…Read More

On October 28, 2020, the Cybersecurity and Infrastructure Security Agency (“CISA”), the Federal Bureau of Investigation (“FBI”) and the Department of Health and Human Services (“HHS”) coauthored an urgent cybersecurity advisory (the “CISA Alert”) describing the tactics, techniques and procedures (“TTPs”) used by cybercriminals against targets in the Healthcare and Public Health Sector (“HPH”) to…Read More

On October 22, 2020, the Department of Health and Human Services (“HHS”) published revised Provider Relief Fund Reporting Guidelines (“Revised Reporting Guidelines”) for providers (“Recipients”) who received more than $10,000 in relief fund payments from the Provider Relief Fund created by the CARES Act (“Relief Fund”) (the press release announcing the Revised Reporting Guidelines is available…Read More

Published on May 1, 2020, the Information Blocking Regulations (“Regulations”) currently have a compliance date of November 2, 2020. These Regulations reflect a paradigm shift in how health care providers must provide access to electronic health information. Further guidance is pending from CMS and OIG regarding enforcement of the rule; however, exclusion and $1 million…Read More

Beginning on November 2, 2020, health care providers around the nation must ensure compliance with the newly published Information Blocking Regulations (the “Regulations”). Reflecting a shift in how health care providers must provide access to electronic health information, these Regulations aim to improve the quality and availability of health care but also pose a risk…Read More

An Ohio federal court recently found that a hospital did not discriminate against a 73-year-old surgeon when it required the surgeon to undergo neuropsychological and physical exams after an unfortunate patient death. Additionally, the court found the hospital did not discriminate against the surgeon and instead was practicing due diligence with patient safety when it…Read More

The Centers for Medicare & Medicaid Services (“CMS”) recently finalized the End-Stage Renal Disease (“ESRD”) Treatment Choices Model (the “ETC Model”), which is a mandatory payment model intended to reduce Medicare expenditures by encouraging greater use of home dialysis and kidney transplants for patients with chronic kidney disease, while maintaining or improving the quality of…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 Order…Read More

The push for increased telehealth coverage continues during the COVID-19 public health emergency (“PHE”). On October 14, 2020, CMS added 11 new telehealth services available for Medicare reimbursement during the PHE. The newly added services include cardiac and pulmonary rehabilitation services and certain neurostimulator analysis and programming services. Since the beginning of the PHE, CMS…Read More