Articles and Blogs

An accepted doctrine of FCA pleading requires whistleblowers or the Government to assert an “objective falsehood” in their complaints. Last week, the Ninth Circuit nixed the requirement. The Ninth Circuit reversed a district court’s dismissal tied to a failure to plead an objective falsehood under FCA. The Court held that whistleblowers or the Government need…Read More

Wednesday, April 1 Recap Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website.​ Major Hospital Associations Provide Recommendations to HHS on Distribution of Stimulus Funds In…Read More

On March 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued blanket waivers of the sanctions under Section 1877(g) of the Social Security Act and its regulations thereunder, more commonly known as the Stark Law. The waivers, which have a retroactive effect to March 1, 2020, will apply nationwide to financial relationships and…Read More

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act (“the Act”).  The Act is intended to provide a multifaceted economic response to the COVID-19 pandemic. Among the various other provisions in the Act, section 4003 of the Act specifically contains several Federal Reserve lending provisions for…Read More

On March 30, 2020, CMS issued a pre-publication copy of its “Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (“PHE”)” Interim Final Rule (“Rule”). This Rule addresses regulatory changes to Medicare and Medicaid intended to help Medicare providers during the COVID-19 Pandemic. The Rule includes several changes to Medicare’s Home Health…Read More

Tuesday, March 31 Recap Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website.​ HHS, FEMA Create Supply Chain Task Force HHS and the Federal Emergency Management…Read More

On March 30, 2020, OIG released a message to health care providers reinforcing OIG’s continued focus on aggressively pursuing bad actors exploiting the COVID-19 crisis but also praising the hard work and dedication of the frontline providers who are serving heroically in this crisis. This is in follow-up to our previous COVID-19-related guidance pertaining to…Read More

The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated text messages or prerecorded calls to a cellular number without the prior consent of the receiving party. The TCPA expressly excepts from the foregoing prohibition any calls or messages sent for “emergency purposes.” See 47 C.F.R. § 64.1200(f)(4). In a Declaratory Ruling made…Read More

On March 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued blanket waivers of several Stark Law requirements related to COVID-19 physician arrangements. These waivers are welcome news to hospitals, health systems and other providers that have been tackling challenging physician contracting, compensation and staffing issues over the past month. Timeframe The Stark…Read More

On March 23, 2020, Centers for Medicare & Medicaid Services (“CMS”) announced the preliminary results of a recent survey of a nursing home in Kirkland, Washington, the epicenter of the COVID-19 outbreak in Washington. According to a Centers for Disease Control and Prevention (“CDC”) report, 81 residents, 34 staff and 14 visitors also became ill…Read More