Articles and Blogs

Recently the Fourth Circuit in U.S. ex rel Complin v. North Carolina Baptist Hospital, No. 19-1243, 2020 WL 3167634 (4th Cir. June 15, 2020) (per curiam) affirmed dismissal of a False Claims Act (“FCA”) complaint with prejudice, finding that the qui tam relator, Joseph Vincoli, failed to meet certain pleading requirements in both his fraud…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 Based…Read More

This latest installment of our series on HHS Provider Relief Funding focuses on the new Medicaid Targeted Distribution, the postponement of the July 10 reporting deadline and new and updated FAQs. Since our last Bulletin posted June 12, found here, HHS has posted 45 new or modified FAQs, including 20 dated June 25. Many of…Read More

The Department of Health and Human Services (“HHS”) received a victory this week in the litigation challenging the agency’s final rule that requires hospitals to publicly disclose the prices they charge, as well as their specific reimbursement rates with third-party payers (“Price Transparency Rule”). The Price Transparency Rule is scheduled to go into effect on …Read More

In the past few weeks, the National Labor Relations Board (“Board”) has issued several crucial decisions impacting union elections in the health care setting. At the close of April 2020, the Board declined to find that COVID-19 justified the stay of a union election at an acute care hospital. In its Order denying the hospital’s…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” that…Read More

On Monday, June 22, 2020, President Trump signed an executive order regarding immigration policies and enforcement amidst the COVID-19 pandemic titled “Proclamation Suspending Entry of Aliens Who Present A Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (the “Executive Order”). Most significantly, the new proclamation affects nonimmigrant visas that permit work authorization. In…Read More

On June 12, 2020, CMS and the Office for Civil Rights of Health and Human Services (“HHS”) posted a display copy of a new final rule that implements Section 1557 of the Affordable Care Act (“ACA”)(“Final Rule”). This Final Rule supersedes significant portions of the current 2016 rule (“2016 Rule”) that interpreted and implemented Section…Read More