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COVID-19 Diligence on SNFs Now a Bit Easier: CMS Publishes COVID-19 Data in a Bid for Greater Public Transparency

The Centers for Medicare & Medicaid Services (CMS) posted its first set of nursing home coronavirus disease 2019 (COVID-19) data, including numbers of COVID-19 cases and deaths and infection control inspection results on June...more

No Longer an Option for Assisted Living Facilities: States Mandate COVID-19 Testing of ALF Residents and Staff

Many states initially focused Coronavirus Disease 2019 (COVID-19) testing efforts on skilled nursing facilities. States are now expanding mandatory testing requirements to include assisted living facilities (ALFs) as testing...more

AGG Food & Drug Newsletter - April 2020

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of AGG outside the Food and Drug practice....more

HHS Issues New Guidance on PREP Act Immunity When Prescribing, Administering, or Dispensing Drugs and Devices for COVID-19

On April 14, 2020, the Department of Health and Human Services (HHS) issued an Advisory Opinion, which provided additional clarification on immunity provided under the Public Readiness and Emergency Preparedness Act (PREP...more

Georgia Order Limits Liability of Healthcare Institution Staff During COVID-19 State of Emergency

In an effort to provide healthcare institutions and medical facilities “additional flexibility,” Georgia Governor, Brian P. Kemp, issued a new Executive Order limiting the liability of employees, staff, and contractors of...more

CMS Waives Certain Medicare Physician Supervision Requirements to Afford Practitioners Greater Flexibility During COVID-19

On April 9, 2020, the Centers for Medicare and Medicaid Services (“CMS”) provided additional guidance on CMS’s waiver of certain Medicare physician supervision requirements in response to Coronavirus Disease 2019 (COVID-19). ...more

Best Operational and Compliance Practices for Long-Term Care Providers in Response to COVID-19

Long-term care facilities, including nursing homes and assisted living facilities, are at high risk of being affected by COVID-19 due to their congregate nature and the type of residents population served (e.g., older adults...more

Pennsylvania Court Orders the Department of Health to Provide Copies of CHOW Filings and Transaction Documents to Reporter

On January 3, 2020, a Pennsylvania Court ordered the Pennsylvania Department of Health (“DOH”) to provide certain records regarding change of ownerships of thirty-five Pennsylvania long-term care facilities (the “Providers”)...more

CMS Expands Authority to Revoke Providers’ Medicare Enrollment While Medicare Overpayment Appeals are Pending ALJ Review

On September 10, 2019, the Centers for Medicare and Medicaid Services (CMS) announced new authority to revoke providers’ Medicare enrollment and any corresponding provider agreements or supplier agreements through revisions...more

CMS Announces New Discharge Planning Requirements for Hospitals and HHAs with Implications for PAC Providers

On September 26, 2019, the Centers for Medicare & Medicaid Services (CMS) announced a new Final Rule, Revisions to Discharge Planning Requirements (CMS-3317-F) in a bid to “improve engagement, choice and continuity of care...more

OIG’s Latest Report Continues to Build a Case for Increased Scrutiny of Emergency Ambulance Transports

If the looming threat of the Review Choice Demonstration which recently began in Illinois was not sufficient to make home health agencies a little anxious, the U.S. Department of Health and Human Services, Office of Inspector...more

OIG Recommends Further Analysis of Counting Hospital Outpatient Time

In July, the Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its annual publication, Solutions to Reduce Fraud, Waste, and Abuse in HHS Programs: OIG's Top Recommendations. ...more

Good News for Medicare Providers as CMS Expands Settlement Conference Facilitation and Introduces New Initiative for IRFs

The Centers for Medicare and Medicaid Services (CMS) made a number of recent changes to expand the Settlement Conference Facilitation (SCF) process for providers and suppliers mired in the backlog of appeals at the...more

OIG Study Highlights How High-Performing ACOs Controlled Costs and Improved Quality by Working Collaboratively with SNFs and HHAs

On July 19, 2019, the Office of Inspector General (OIG) noted seven successful strategies used by twenty high-performing Accountable Care Organizations (ACOs) to reduce spending and improve quality of care. ...more

OIG Increases Scrutiny of Home Health Agencies

If the looming threat of the Review Choice Demonstration which recently began in Illinois was not sufficient to make home health agencies a little anxious, the U.S. Department of Health and Human Services, Office of Inspector...more

New Georgia Bill Would Authorize Certified Medication Aides to Administer Liquid Morphine to Assisted Living Community Residents

The Georgia House and Senate have passed House Bill 374, which would authorize certified medication aides to administer liquid morphine to assisted living community residents under hospice care pursuant to a physician’s...more

New California Law Imposes Heightened Disclosure Requirements on Owners and Operators of Skilled Nursing Facilities

Under existing California law, skilled nursing facilities (SNFs) have multiple ongoing reporting duties. For example, SNFs must disclose to the California Department of Public Health the names and addresses of any person or...more

CMS Issues New Standards for End Stage Renal Disease Faculties Providing Dialysis Services to Nursing Facility Residents

On August 17, 2018, the Centers for Medicare and Medicaid Services (CMS) issued a Memorandum to state survey agency directors regarding Medicare-approved End Stage Renal Disease (ESRD) facilities that provide dialysis...more

OIG Issues Favorable Advisory Opinion Regarding Medigap Insurers Contracting with Preferred Hospital Networks to Discount...

On June 14, 2018, the Office of the Inspector General (OIG) issued an advisory opinion regarding a proposed contractual arrangement between offerors of Medicare Supplemental Health Insurance policies, commonly referred to as...more

CMS Proposes Pre-Claim Review Demonstration for Home Health Services

On May 29, 2018, the Centers Medicare and Medicaid Services (CMS) announced its intention to implement a revised Medicare demonstration project that will affect Home Health Agencies (HHAs) providing services to Medicare...more

New CMS Rural Health Strategy Aims to Make Rural Healthcare More Accessible, Affordable, and Accountable

On May 8, 2018, the Centers for Medicare and Medicaid Services (CMS) announced the agency’s first Rural Health Strategy (RH Strategy), which is designed to promote CMS policies that help make rural healthcare more accessible,...more

CMS to Use Enforcement Discretion to Help States Comply with the Medicaid Home Health Final Rule

On April 5, 2018, the Centers for Medicare & Medicaid Services (CMS) issued an Informational Bulletin regarding compliance with the Medicaid Home Health Final Rule (the “Medicaid HH Final Rule”). The Medicaid HH Final Rule...more

OIG Reports Reliance on HHA Patient Lists Creates Survey Vulnerabilities and Recommends CMS Action

In March 2018, the Office of Inspector General (OIG) issued a Risk Alert, noting that some home health agencies (HHAs) provide Medicare surveyors with patient lists that are missing active Medicare beneficiaries at their...more

CMS Announces Low Volume Appeal Settlement Option for Providers Mired in ALJ Backlog

On January 9, 2018, the Centers for Medicare and Medicaid Services (CMS) announced details on the new low volume appeal settlement option, which is the latest alternative available to Medicare Part A and Part B providers and...more

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