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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 […]

Waiver Amounts Owed For Telehealth Services During The 2019 Novel Coronavirus (COVID-19) Outbreak

Posted on April 22, 2020 by

The Health and Human Services (HHS) Office of Inspector General (OIG) issued a Policy Statement on March 17, 2020 regarding the waiver of amounts owed by beneficiaries for services provided by telehealth.  Recognizing the unique circumstances resulting from the COVID-19 outbreak, the OIG states that it will not subject physicians and other practitioners to OIG […]

CMS Issues Guidance On Resuming Non-COVID-19 Care In Areas That Have Low Incidence Of COVID-19

Posted on April 21, 2020 by

The Centers for Medicare & Medicaid Services (CMS) have issued new recommendations targeted at communities in Phase 1 of the Guidelines for President Trump’s “Opening Up America Again.”  The Phase 1 category includes communities with low incidence or relatively low and stable incidence of COVID-19 cases.  The new CMS guidelines outline recommendations for a gradual […]

How the Stark Law Waivers Can Help Combat the Coronavirus

Posted on April 17, 2020 by

The Centers for Medicare & Medicaid Services published at the end of March new blanket waivers under the federal physician self-referral law (commonly known as the Stark Law) in response to the COVID-19 pandemic.  The waivers were made retroactive to March 1, 2020 in recognition of the fact that the COVID-19 pandemic likely required some providers […]

Proposed Revisions to the SAMHSA Regulations Would Permit Non-Part 2 Providers to Reference Part 2 Treatment in Patient Records

Posted on September 23, 2019 by

Our representation of behavioral health and substance abuse programs has required us to stay in tune to issues involving special confidentiality of patient records under 42 CFR Part 2, also known as the SAMHSA regulations. The SAMHSA regulations were completely recast in two sets of regulatory revisions that were issued in 2017 and 2018. One […]

Congress Creates a Mess by Enacting the Eliminating Kickbacks in Recovery Act of 2018

Posted on June 13, 2019 by

Congress has activated a new Anti-Kickback law known as Eliminating Kickbacks in Recovery Act of 2018 (commonly referred to as EKRA).  The new Anti-Kickback law applies to arrangements involving recovery homes, clinical treatment facilities, and laboratories. Congressional intent for enacting EKRA was noble.  It wanted to clarify that brokering of opioid use disorder patients for […]