Erica Jewell on Centers for Medicare & Medicaid Services (CMS)

End of COVID-19 Emergency: Legal Implications for Healthcare Providers

On Jan. 30, 2023, President Joe Biden announced that the COVID-19 public health emergency (PHE) will end May 11, 2023. Under the PHE, the federal government implemented a range of modifications and waivers impacting Medicare,...more

5/2/2023 / CARES Act , Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Department of Health and Human Services (HHS) , Health Care Providers , Health Insurance , Infectious Diseases , Medicaid , Medicare , Public Health Emergency , Telehealth , Telemedicine

CMS Streamlines Stark Law Self-Disclosures

The Centers for Medicare & Medicaid Services recently announced updates to the voluntary self-referral disclosure protocol (SRDP), including revisions to streamline SRDP submissions. Providers and suppliers may report and...more

3/9/2023 / Centers for Medicare & Medicaid Services (CMS) , Disclosure Requirements , Health Care Providers , Self-Disclosure Requirements , Self-Referral , Stark Law

CMS Accelerated and Advance Payment Recoupment Begins

Recoupment has started or will soon begin for Medicare Part A and Part B providers and suppliers who received funds in 2020 under the Medicare Accelerated and Advance Payment (AAP) Program. The Centers for Medicare & Medicaid...more

4/7/2021 / Centers for Medicare & Medicaid Services (CMS) , Health Care Providers , Medicare , Medicare Part A , Medicare Part B

Fraud and Abuse Rules Part III: New Value-Based Arrangement Protections

As discussed in a previous McGuireWoods alert, the Department of Health and Human Services (HHS) published final rules, effective Jan. 19, 2021, that significantly amend the Physician Self-Referral Law (Stark Law), the...more

1/21/2021 / Anti-Kickback Statute , Centers for Medicare & Medicaid Services (CMS) , Civil Monetary Penalty , Department of Health and Human Services (HHS) , Fraud and Abuse , Health Care Providers , OIG , Physicians , Safe Harbors , Stark Law , Value-Based Care

CMS Updates Medicare Accelerated and Advance Program Repayment Guidance and Start Date

The Centers for Medicare & Medicaid Services (CMS) recently issued an updated fact sheet and a FAQ page detailing the repayment terms for Medicare Part A providers and Part B suppliers who received payments under its...more

10/29/2020 / Advanced Payment Program , Centers for Medicare & Medicaid Services (CMS) , Health Care Providers , Medicare , Medicare Part A , Medicare Part B , Prepayments

New Provider Relief Fund Payments for Medicaid/CHIP Providers and Safety-Net/COVID-19 Hotspot Hospitals

On June 9, 2020, the U.S. Department of Health and Human Services (HHS) announced that it will distribute $25 billion from the Public Health and Social Services Emergency Fund (Provider Relief Fund) to healthcare providers...more

6/11/2020 / Centers for Medicare & Medicaid Services (CMS) , Children's Health Insurance Program (CHIP) , Coronavirus/COVID-19 , Department of Health and Human Services (HHS) , Health Care Providers , Hospitals , Medicaid

CMS Issues Explanatory Guidance on Stark Law Blanket Waivers During COVID-19 Pandemic

On April 21, 2020, the Centers for Medicare & Medicaid Services (CMS) issued guidance on the scope and application of the blanket waivers to the Physician Self-Referral Law (Stark Law) issued by the Department of Health and...more

5/1/2020 / Anti-Kickback Statute , Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Health Care Providers , Physicians , Stark Law

CMS Suspends Advance Payments and Re-evaluates Accelerated Payments

On April 26, 2020, the Centers for Medicare & Medicaid Services (CMS) announced it was immediately suspending its advance payment program to Part B suppliers, and re-evaluating the amounts that will be paid to providers under...more

4/28/2020 / Accelerated Payments , CARES Act , Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Health Care Providers

HHS Begins Funding $30 Billion to Medicare Providers – Attestations to Be Required

Update: This article was originally published on April 9, 2020. It has been updated to reflect new guidance released on April 10, 2020, by the Department of Health and Human Services (HHS) regarding the delivery of the...more

4/13/2020 / Centers for Medicare & Medicaid Services (CMS) , Department of Health and Human Services (HHS) , Health Care Providers , Medicare

Stark Law Waivers Issued During COVID-19 Pandemic

On March 30, 2020, Department of Health and Human Services Secretary Alex Azar issued blanket waivers to permit certain financial relationships and referrals that would otherwise be sanctioned by the Physician Self-Referral...more

4/3/2020 / Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Health Care Providers , Stark Law

HHS to Ease Fraud and Abuse Rules Part 5: CMS Proposes Value-Based Arrangement Stark Exceptions

As discussed in an Oct. 9 alert, the Department of Health and Human Services announced two proposed rules to significantly amend the Physician Self-Referral Law (Stark Law), the federal Anti-Kickback Statute and the Civil...more

11/25/2019 / Anti-Kickback Statute , Centers for Medicare & Medicaid Services (CMS) , Department of Health and Human Services (HHS) , Fraud and Abuse , Health Care Providers , Stark Law

Erica Jewell

McGuireWoods LLP

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