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Please Click HerePosted on May 12, 2020 by Ruder Ware Alumni
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 […]
Posted on May 5, 2020 by Ruder Ware Alumni
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 […]
Posted on May 5, 2020 by Ruder Ware Alumni
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 […]
Posted on May 4, 2020 by Ruder Ware Alumni
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 […]
Posted on May 1, 2020 by Ruder Ware Alumni
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 […]
Posted on April 28, 2020 by Ruder Ware Alumni
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 […]
Posted on April 27, 2020 by Ruder Ware Alumni
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 […]
Posted on April 24, 2020 by Ruder Ware Alumni
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 […]
Posted on April 23, 2020 by Ruder Ware Alumni
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 […]
Posted on April 22, 2020 by Ruder Ware Alumni
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 […]