Khaled Klele on Centers for Medicare & Medicaid Services (CMS)

Were All Those Nurse Staffing Seminars for Naught?

The contentious Nursing Home Minimum Staffing Rule (Rule), which established minimum staffing requirements for federally funded long-term care facilities (LTC) such as skilled nursing facilities (SNFs) for Medicare and...more

4/30/2025 / Centers for Medicare & Medicaid Services (CMS) , Constitutional Challenges , Healthcare , Healthcare Facilities , Long Term Care Facilities , Medicaid , Medicare , Nursing Homes , Regulatory Requirements , Skilled Nursing Facility

Nursing Home Update

The federal government has made a variety of changes to federal requirements aimed at improving the quality of care at long-term care facilities across the country. In May 2024, the United States Department of Health and...more

1/9/2025 / Centers for Medicare & Medicaid Services (CMS) , Compliance , Department of Health and Human Services (HHS) , Federal Funding , Final Rules , Health Care Providers , Healthcare Facilities , Long Term Care Facilities , Medicaid , Medicare , Nursing Homes , Quality of Care Standards , Regulatory Requirements

CMS Proposes Further Changes to Medicare Overpayment Rule

The Centers for Medicare & Medicaid Services (CMS) recently published a proposed rule, 89 FR 61596, that revives portions of a 2022 proposal to amend the Medicare Overpayment Rule. The 2024 proposed rule comes after...more

10/16/2024 / Centers for Medicare & Medicaid Services (CMS) , False Claims Act (FCA) , Health Care Providers , Healthcare , Medicare , Overpayment , Proposed Rules

Medicare Technology Standards for Prescribing Part D Drugs

The Centers for Medicare & Medicaid Services (CMS), the Office of the National Coordinator for Health Information Technology (ONC), and thr Department of Health and Human Services (HHS) published 89 FR 51238 (the Final Rule),...more

8/28/2024 / Centers for Medicare & Medicaid Services (CMS) , Department of Health and Human Services (HHS) , Electronic Prescribing , Health Insurance Portability and Accountability Act (HIPAA) , Information Technology , Medicare , Medicare Part D , ONC , Prescription Drugs

CMS Adopts New Age-Friendly Hospital Measure for Care of Older Adults for CY 2025 Reporting

The Centers for Medicare & Medicaid Services (CMS) has adopted an age-friendly quality hospital measure in its most recent final rule addressing prospective payment systems, policy changes, and quality program requirements...more

8/28/2024 / Centers for Medicare & Medicaid Services (CMS) , Elder Care , Health Care Providers , Healthcare , Healthcare Facilities , Hospitals , Inpatient Prospective Payment System (IPPS) , Medicaid , Medicare

CMS Updates Master List for DMEPOS

The Master List for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) comes from a November 2019 final rule that created the list to serve as a library of items that have been identified as potential...more

8/1/2024 / Billing Errors , Centers for Medicare & Medicaid Services (CMS) , Department of Health and Human Services (HHS) , DMEPOS , Durable Medical Equipment , HCPCS , Physician Fee Schedule

More Roadblocks For Information Blocking: HHS Finalizes Rule Establishing Disincentives for Hospitals, Clinicians, and ACOs

On July 31, 2024, the Department of Health and Human Services (HHS) final rule, 89 FR 54662, establishing disincentives for certain healthcare providers that have committed information blocking, will become effective. This...more

7/26/2024 / Centers for Medicare & Medicaid Services (CMS) , Department of Health and Human Services (HHS) , Electronic Protected Health Information (ePHI) , Health Care Providers , Health Information Technologies , Information Blocking Rules , MIPS , OIG

No Doubt, ‘Chevron’ Is Out; How Will This Impact Healthcare?

Through its recent decision in Loper Bright Enterprises v. Raimondo, No. 22-451 (S. Ct. June 28, 2024), the US Supreme Court overturned the landmark decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.,...more

7/18/2024 / Administrative Procedure Act , Centers for Medicare & Medicaid Services (CMS) , Chevron Deference , Department of Health and Human Services (HHS) , Federal Bans , Federal Trade Commission (FTC) , Government Agencies , Healthcare , Loper Bright Enterprises v Raimondo , SCOTUS , Statutory Interpretation

New Jersey Statutory Update Part I

Every year, the New Jersey legislature passes statutes that impact healthcare beyond rate increases under the Medicaid program. Last year was no different, and the discussion below highlights some of those statutes, such as...more

6/6/2024 / Acute Facilities , Centers for Medicare & Medicaid Services (CMS) , Cost-Sharing , Drug Pricing , False Claims Act (FCA) , Healthcare , Hospitals , Licensees , Medical License , Mental Health , New Jersey , Pharmacy Benefit Manager (PBM) , Prescription Drugs , Supply Chain , Telehealth

CMS Extends Medicaid Waivers through June 2025

In an informational bulletin, the Centers for Medicare & Medicaid Services (CMS) announced it will further extend waivers for “unwinding” under Section 1902(e)(14)(A) of the Social Security Act until June 30, 2025. The...more

5/22/2024 / Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Enrollment , Medicaid , Social Security Act , Waivers

Federal Rule to Establish Minimum Staffing Requirements for Long-Term Care Facilities

The contentious “Nursing Home Minimum Staffing Rule,” which sets minimum staffing requirements for federally funded long-term care facilities throughout the U.S., was finalized on April 22, 2024. The rule was initially...more

4/29/2024 / Centers for Medicare & Medicaid Services (CMS) , Department of Health and Human Services (HHS) , Federal Funding , Health Care Providers , Labor Shortage , Long Term Care Facilities , Nursing Homes , Skilled Nursing Facility

New Informed Consent Guidance and Pharmacy Immunity

New guidance released by the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) on April 1, 2024, clarified that hospitals will not be eligible for Medicare or Medicaid...more

4/11/2024 / Centers for Medicare & Medicaid Services (CMS) , Conditions of Participation (CoP) , Coronavirus/COVID-19 , Department of Health and Human Services (HHS) , Final Rules , Healthcare , Hospitals , Informed Consent , Medical Examinations , Nurses , Pharmaceutical Industry , Physicians , Teaching Hospitals , Vaccinations

Payment Flexibilities and New Legislation Introduced Regarding Healthcare Cyberattacks

For the past month or longer, many providers have reported a significant impact on their revenue cycle due to the cyberattack on Change Healthcare, LLC. In light of that impact, the Centers for Medicare & Medicaid Services...more

3/29/2024 / Centers for Medicare & Medicaid Services (CMS) , Cybersecurity , Department of Health and Human Services (HHS) , Health Care Providers , Healthcare , Medicare , Medicare Part A , Medicare Part B , Provider Payments

Khaled Klele

McCarter & English, LLP

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