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New Stark Law Regulations May Impact Many Physician Practices

Posted on December 20, 2021 by

In my experience, most physician groups rely on the “in-office ancillary service” exception to the Stark Law when determining how to allocate revenues from designated health services among group members.  The Stark Law is, of course, the primary applicable area of law that is relevant to the structure of productivity compensation issues within medical groups.  […]

CMS Mandate—Back for Some But Not All

Posted on December 17, 2021 by , and

CMS Mandate: At the beginning of December we informed you that a Federal Court in Louisiana issued a nationwide stay on enforcement of the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate. During the stay period, CMS instructed its state survey teams suspend efforts related to monitoring compliance with the vaccine mandate. On […]

Federal Court Issues Nationwide Injunction Against Enforcement of the CMS Vaccination Mandate

Posted on December 1, 2021 by and

A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement nationwide which takes place immediately. This is the second Federal Court injunction that has been issued enjoining immediate enforcement of the […]

CMS Issues Interim Final Rules with Comment Period Mandating Vaccination of Staff of CMS Regulated Providers/Suppliers

Posted on November 5, 2021 by

On November 4, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued Interim Final Rules requiring many of its regulated providers and suppliers to require staff and employees to meet COVID-19 vaccination requirements.  CMS chose to mandate vaccination by revising Conditions of Participations, requirements that providers and suppliers must meet to maintain certification to […]

HIPAA and COVID-19 – OCR Publishes Online Guidance on the Application of HIPAA

Posted on October 18, 2021 by

The Office of Civil Rights (“OCR”), which is the federal agency that enforces the health care privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), recently published guidance covering various health care privacy issues relating to COVID-19.  The recently published guidance addresses a variety of HIPAA issues including whether a business or individual […]

The Affordable Care Act Survives Another (and Perhaps Final?) Constitutional Challenge

Posted on June 17, 2021 by and

The U.S. Supreme Court declined to strike down the Affordable Care Act once again today, the third unsuccessful constitutional challenge to the far-reaching health care law since it was enacted in 2010. This time, the seven-justice majority dispatched the claims on purely technical grounds and did not even reach the substantive issues. It was the […]

Major Changes Proposed to HIPAA Privacy Rules

Posted on December 15, 2020 by

Late last week, the United States Department of Health and Human Services (HHS), Office for Civil Rights issued a Notice of Proposed Rulemaking (NPR) to make significant revisions to the Health Insurance Portability and Accountability Act of 1996, commonly known as HIPAA.  HIPAA was first enacted in the late 1990s and the health care system […]

OSHA Issues New Guidance on Respiratory Protection in Long-Term Care Facilities

Posted on November 9, 2020 by

The Occupational Safety and Health Administration (OSHA) has issued a respiratory protection guidance for nursing homes, assisted living, and other long-term care facilities (LTCF) during the COVID-19 pandemic.  This guidance recommends that everyone use “source control measures” at all times while in an LTCF, even if the wearer does not have symptoms of the virus.  […]

Wisconsin Face Covering Mandate to Begin August 1st

Posted on July 30, 2020 by

Governor Evers issued Emergency Order #1 on July 30, 2020 implementing a statewide face covering mandate. The face covering requirement will begin on Saturday, August 1, 2020 and will expire September 28, 2020 or by a subsequent superseding emergency order. The Order requires every individual over the age of five in Wisconsin wear a face […]

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 […]