News & Analysis as of

State and Local Government Centers for Medicare & Medicaid Services (CMS) Coronavirus/COVID-19

McDermott+

Trump Administration Executive Order Tracker

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Below is a tracker of healthcare-related executive orders (EOs) issued by the Trump administration, including overviews of each EO and the date each EO was signed. We will regularly update this tracker as additional EOs are...more

Bradley Arant Boult Cummings LLP

Update: Telehealth “Cliff” Looming at End of 2024

As 2024 comes to a close, the telehealth space continues to be uncharted territory. When the COVID-19 pandemic began, the ability to deliver telehealth expanded as providers sought to provide quality care unrestricted by...more

Bradley Arant Boult Cummings LLP

Spotlight on Minimum Staffing Standards in Long Term Care Facilities

The long term care industry is currently in the midst of a labor crisis, with nursing homes in particular experiencing chronic and severe staffing shortages. Even before the COVID-19 pandemic, a rapidly aging population,...more

Goodwin

Telehealth Issues to Watch in 2023

Goodwin on

During the COVID-19 pandemic, telehealth utilization exploded. Globally, the telehealth market is valued at $83.5 billion and is expected to grow by 24% between 2023 and 2030. As services delivered via telehealth became more...more

Hendershot Cowart P.C.

Telemedicine Checklist for Freestanding Emergency Centers in Texas

Hendershot Cowart P.C. on

Telemedicine is being used in innovative ways in freestanding emergency centers (a.k.a. FECs or FSEDs) around the country. Still, providers must stay compliant with Texas law and federal telemedicine regulations. ...more

Stevens & Lee

PA Health Facility Licensure and Outpatient Psychiatric Oversight Law Changes on the Horizon

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Two recent pieces of legislation will amend the Pennsylvania Health Care Facilities Act: Senate Bill 818 concerning Ambulatory Surgery Centers (“ASCs”), which is on the Governor’s desk awaiting signature, and Act 30 of 2022...more

Sheppard Mullin Richter & Hampton LLP

CMS Issues Contract Year 2023 Final Rule for Medicare Advantage Organizations and Prescription Drug Sponsors

On April 29, 2022, the Centers for Medicare and Medicaid Services (“CMS”), issued the final rule on Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs...more

Butler Snow LLP

CMS’ Phase 1 Deadline for Vaccine Mandate to Take Effect for Most Remaining States Monday

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Following the Supreme Court’s decision in Biden v. Missouri, CMS will require those states previously subject to federal district court injunctions to be compliant with the “Phase 1” requirements of its Interim Final Rule...more

Steptoe & Johnson PLLC

Follow-up: The COVID Crystal Ball—Predicting the Future for Employers Five Questions Answered

Steptoe & Johnson PLLC on

On February 2, 2022, Steptoe & Johnson PLLC attorneys Bill Wahoff, Jeff Tour, and Ashley Faulkner held an interactive webcast and provided employers an opportunity to ask questions related to paying for testing, creating...more

Sheppard Mullin Richter & Hampton LLP

COVID-19 ETS Requiring Vaccination or Weekly Testing Withdrawn

On January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced its withdrawal of the COVID-19 Emergency Temporary Standard (“ETS”) requiring vaccination or weekly testing. This action came...more

Bass, Berry & Sims PLC

The Federal COVID-19 Vaccine Mandates Are Barely Hanging On

Bass, Berry & Sims PLC on

The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future....more

Laner Muchin, Ltd.

OSHA Formally Withdraws COVID-19 Vaccination ETS

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On Wednesday, January 26, 2022, the U.S. Occupational Safety and Health Administration (OSHA) published a notice that it had formally withdrawn the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that...more

McDermott Will & Schulte

CMS Issues Detailed Guidance to Surveyors on Assessing Compliance with Omnibus COVID-19 Healthcare Staff Vaccination Mandate

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On December 28, 2021, the Centers for Medicare and Medicaid Services (CMS) Quality, Safety and Oversight Group released a memorandum (QSO-22-07-ALL) providing guidance and details on survey procedures for assessing and...more

Bass, Berry & Sims PLC

CMS Announces It Will Enforce COVID-19 Vaccine Rule in 25 States Not Enjoined by a Court

Bass, Berry & Sims PLC on

The Centers for Medicare & Medicaid Services (CMS) announced it will enforce the COVID-19 Health Care Staff Vaccination Interim Final Rule in the 25 states, District of Columbia, and territories in which the healthcare...more

Bass, Berry & Sims PLC

If the Government Contractor Vaccine Mandate Doesn’t Get You, the OSHA ETS Might

Bass, Berry & Sims PLC on

In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more

Constangy, Brooks, Smith & Prophete, LLP

Florida Governor Signs Anti-Mandate Legislation

Last Thursday, Gov. Ron DeSantis (R) signed sweeping legislation designed to protect private and public sector employees from losing their jobs due to COVID-19 vaccination mandates, as well as to protect the rights of...more

Jackson Lewis P.C.

Florida Legislature Passes New COVID-19 Workplace Laws

Jackson Lewis P.C. on

During a special session to consider what Governor Ron DeSantis called his “Keep Florida Free” agenda, the Florida Legislature passed several vaccine measures, some of which conflict with recently implemented federal rules,...more

Butler Snow LLP

The OSHA ETS Saga Continues as the Fifth Circuit Continues its Stay of the ETS, OSHA Suspends Implementation of the ETS, and the...

Butler Snow LLP on

It has been a turbulent November for the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). On November 4, 2021, OSHA announced its long-awaited ETS requiring employers of 100 or more...more

Constangy, Brooks, Smith & Prophete, LLP

FAQs About California’s Vaccine Mandate For Health Care Workers

Compliance is required by September 30. As a result of COVID-19 outbreaks related to unvaccinated health care workers, the California Department of Public Health has issued two significant orders. The first order,...more

Cozen O'Connor

41-State Data Breach Settlement | Additional CCPA Regulations | Suit Over Patient Discharge Notice

Cozen O'Connor on

Antitrust- Attorneys General Testify in House Hearing on Big Tech and Competition- •On March 18, 2021, Colorado AG Phil Weiser and Nebraska AG Doug Peterson testified before the Subcommittee on Antitrust, Commercial,...more

Kerr Russell

Telemedicine in Michigan: 2021

Kerr Russell on

The COVID-19 pandemic continues to demonstrate the importance and effectiveness of telemedicine as a means of providing patients with access to safe and quality medical care through the use of technology... Originally...more

Foley Hoag LLP - Medicaid and the Law

BREAKING: CMS Withdraws Letter of Agreements to States Establishing Additional Procedures for Waiver Withdrawals

This just in – as previously discussed, on January 4, 2021 CMS Administrator Seema Verma sent a letter (available here) to State Medicaid Directors requesting they sign a Letter of Agreement “as soon as possible” establishing...more

McDermott Will & Schulte

HHS Signals Commitment to “Predictability and Stability,” Extends Public Health Emergency Declaration “Likely” for Entirety of...

In a recent letter to state governors, Acting Secretary of Health and Human Services Norris Cochran signaled the US Department of Health and Human Services’ (HHS’s) commitment to “predictability and stability” in the ongoing...more

Sheppard Mullin Richter & Hampton LLP

Opening Up America: Recent COVID-19 Data And Congressional Hearings Show That Nursing Homes May Be The Last To See “Business As...

On Thursday, June 11, 2020, the U.S. House Select Subcommittee on the Coronavirus Crisis, chaired by Rep. James E. Clyburn, held a video briefing (the “SCC Briefing”) with experts and affected individuals to examine the...more

Mintz - Health Care Viewpoints

Senate HELP Committee Signals Support for Permanently Expanding Telehealth Access

Earlier this month, we wrote about what the future of telehealth might look like in a post-COVID-19 world. In that post, we referenced comments made by CMS Administrator Seema Verma, in which she voiced her support for...more

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