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Wisconsin Governor Evers Announces $100 Million Grant Program for Providers

Posted on May 21, 2020 by

The Evers administration just announced a new grant funding program for long-term care, home and community based services, and emergency medical services.  The grant program is funded by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. The funding is intended to help health care providers who are considered to be most at-risk for […]

Additional COVID-19 Blanket Waivers Released by CMS

Posted on May 12, 2020 by

As we previously predicted, the Centers for Medicare and Medicaid Services (“CMS”) has continued to issue expansions of the Blanket Waivers applicable during the COVID-19 pandemic.  CMS states the reason for issuing these waivers is to give heath care providers the flexibility they require to fulfill their patient care obligations during the pandemic. The PDF […]

Wisconsin Governor Suspends Some Administrative Rules During the COVID-19 Pandemic

Posted on May 5, 2020 by

Tony Evers, Governor of Wisconsin, and Wisconsin Department of Health Services Secretary-designee Andrea Palm have issued another emergency order, Emergency Order #35 (Order #35), directed at suspending certain administrative rules in an attempt to remove unnecessary impediments to the fight against the virus. A major focus of Order #35 is assuring that Medicaid members retain […]

Special Restrictions Apply To Substance and Alcohol Rehabilitation Patient Records; Even In A Pandemic

Posted on May 5, 2020 by

The Office of Civil Rights’ “Notification of Enforcement Discretion” regarding COVID- 19 and remote telehealth communications do not apply to information protected under 42 CFR Part 2.  These Part 2 regulations protect the confidentiality of certain substance and alcohol rehabilitation records and generally provide more stringent confidentiality protections than what applies to general medical records […]

Wisconsin Misconduct Incident Reporting System Now Mandatory for Some Providers

Posted on May 4, 2020 by

Use of the Wisconsin Caregiver Misconduct online reporting portal is mandatory beginning May 1, 2020 for some providers and on June 1, 2020 for others.  Most providers will have until June 1, 2020 to be compliant with the mandatory reporting system.  Community Based Residential Facilities, Adult Family Homes, and Residential Care Apartment Complexes were required […]

CMS Issues Additional Regulatory Waivers to Facilitate Reopening

Posted on May 1, 2020 by

The Centers for Medicare & Medicaid Services (CMS) has issued another set of regulatory changes and waivers intended to deliver expanded care to the nation’s seniors, and provide flexibility to the healthcare system during the course of emergence from the Coronavirus pandemic.  The new waivers are aimed at some of the most prominent issues to […]

Stark Law COVID-19 Waivers Extended to the Anti-Kickback Statute

Posted on April 28, 2020 by

The Centers for Medicare & Medicaid Services (CMS) issued Blanket Waivers of certain requirements of the Physician Self-Referral Law (Stark Law).  The purpose for the Blanket Waivers is to provide the flexibility providers need in the face of the COVID-19 pandemic. As long as the financial relationship pertains to at least one COVID-19 purpose, the […]

Stark Law Blanket Waivers – What is a COVID-19 Purpose?

Posted on April 27, 2020 by

The Blanket Waivers that the Centers for Medicare and Medicaid Services issued under the Stark Law apply only to financial relationships and referrals that are related to the national emergency that is the COVID-19 outbreak in the United States. Any remuneration described in the Blanket Waivers must be directly between the entity and the physician […]

CARES Act Requires Providers of COVID-19 Testing to Post Test Rates on Their Website

Posted on April 24, 2020 by

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law on March 27, 2020.  One provision that has not received much coverage is the requirement for providers of COVID-19 diagnostic testing to publish the cash price for the test on their website.  The requirement appears to last for the duration of the emergency […]

Stark Law Blanket Waivers – List of 18 Blanket Waivers

Posted on April 23, 2020 by

The following is a list of categories of the Stark Law Blanket Waivers permitting deviations from the provisions of the Stark Law where necessary for a COVID-19 purpose.  See Background on CMS Stark Law Waiver.   The definition of what constitutes a COVID-19 purpose is relatively broad, but there does need to be a connection that […]