Care for LGBTQ Seniors and Seniors with HIV Amendment Act of 2020: New Protections for Long-Term Care Facility Residents in the District of Columbia
Care for LGBTQ Seniors and Seniors with HIV Amendment Act of 2020: New Protections for Long-Term Care Facility Residents in the District of Columbia
A Summary of the New Antikickback Safe Harbors and Stark Law Exceptions
On December 2, 2020, HHS published two final rules including important changes to the AKS and Stark Law regulations. OIG, responsible for enforcing AKS, issued a final rule addressing changes to the AKS and revisions to Civil Monitory Penalty rules regarding Beneficiary Inducement. CMS, responsible for enforcing the Stark Law, issued the final rule addressing changes to the Stark Law.
DC Proposes to Ban Non-Competes In Physician Employment Agreements
The DC Council today unanimously enacted a ban on non-competition agreements in employment contracts in the District of Columbia, except for medical specialists earning at least $250,000 per year. Absent veto by the DC Mayor, the Ban on Non-Compete Agreements Amendment Act of 2020 is likely to become law in the District next year.
CMS PROPOSES MEDICARE PART B TO COVER ALL CGMs
Medicare Part B does not cover payment for purchase/rental and supplies/accessories of non-therapeutic continuous glucose monitors (CGMs). In a Proposed Rule, dated November 4, 2020, CMS has proposed to reclassify all non-therapeutic CGMs as DME, thus, qualified for Medicare Part B benefit payment.
2021 EXPANSION OF TELEHEALTH SERVICE COVERAGE BY CMS
On August 3, 2020, the Center for Medicare and Medicaid published its Proposed Rules for Medicare Physician Fee Schedule (PFS) for Calendar Year 2021. Public Comment period on the Proposed Rule ended on October 5, 2020. In the Proposed Rule, CMS proposed to add several telehealth services to its coverage on a permanent basis for 2021.
Do I Need a Healthcare Attorney?
If you conduct business in healthcare, you should consider engaging a healthcare attorney to assist you with your legal questions. Entities such as hospitals, laboratories, home health agencies, nursing facilities, physician organizations, dentist practices, chiropractors, pharmacies, etc. that transact healthcare business, will at some point require consultation of a healthcare attorney.
Statutory Violations of DME Suppliers
Durable medical equipment (DME) suppliers face a variety of legal regulatory challenges in their businesses. Each year, state and federal agencies, including the Department of Justice (DOJ) and the Office of Inspector General (OIG) at the Health and Human Services Department charge many DME suppliers, including physician and non-physician suppliers, with fraud arising from regulatory violations.
5 Reasons To Hire A CON Attorney Knowledgeable in Health Law for your DC CON
CON attorneys play an important role in guiding clients through complex state regulatory schemes. To avoid regulatory pitfalls, it is also important that CON attorneys are knowledgeable in health laws and healthcare regulations.
Certificate of Need in the District of Columbia
In 1977, District of Columbia implemented Certificate of Need (CON) laws to control cost and accessibility of healthcare in DC. State Health and Planning Development Agency of the DC government is in charge of administration, examination and grant of CON requests. A Certificate of Need allows health care providers to establish new facilities or services, make certain capital expenditures, or take certain other actions under the DC CON rules and regulations.
5 OSHA RECOMMENATIONS TO CONSIDER WHEN DOING BUSINESS DURING THE COVID-19 PANDEMIC
Employers are required to maintain a safe workplace for their employees. Federal Occupational Safety and Health Act (OSHA) and its related regulations comprise a body of law that impacts workplace safety. This article discusses 5 requirements and recommendations from federal OSHA and its related regulations that employers should consider during the COVID-19 pandemic.
TELEMEDICINE IN THE TIME OF COVID-19
With an increase in telemedicine usage, there is also concern and opportunities for fraud. Many factors contribute to fraud in telemedicine, such as a lack of baseline model for the types, charges, frequency of claims generally involving telehealth, identity theft, and prescribing medically unnecessary drugs and DME.
EMERGENCY WAIVERS TO FEDERAL SELF-REFERRAL LAW
Now that health care facilities are fully reopening in many states, it is an appropriate time to review the federal health care regulatory blanket waivers of Section 1877(g) (Self-Referral Law). These blanket waivers were designed to make it easier for health care industry to function in this emergency. Department of Health and Human Services (HSS) implemented these blanket waivers in response to the COVID-19 pandemic.
WHAT NOW? – ISSUES TO CONSIDER WHEN APPLYING FOR PPP LOAN FORGIVENESS
If you received a PPP loan, any loan amount properly expended over an eight-week period from disbursement date of the loan may qualify for full forgiveness, including the principal and interest.
HEALTH CARE PROVIDER RELIEF FUND – Additional COVID Aid to Eligible Health Care Providers
Beginning on April 10, 2020, eligible health care providers will automatically receive additional COVID aid from the Department of Health & Human Services. HHS is distributing $30 billion by directly depositing funds into bank accounts of eligible health care providers. Although this initial $30 billion distribution is in form of a payment and does not have to be paid back, the payment comes with certain obligations and conditions which should be considered prior to acceptance. Below are responses to common questions about these aid payments.
CARES Act – The Small Business Paycheck Protection Program Loan
A Review of the PPP program set out the the CARES Act to address Covid-19 related financial and economic downturn.
THE EMERGENCY PAID SICK LEAVE ACT
The Emergency Paid Sick Leave Act covers employees who are unable to work (or telework) due to a need for leave for reasons related to COVID-19. This article reviews the requirements of this Act.
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT of 2020
The Emergency Family and Medical Leave Expansion Act (EFMLEA), as signed into law by the President on March 18, 2020, expands employer responsibility for providing paid leave to employees. The act amends the federal FMLEA to require employers with fewer than 500 employees to provide relief to certain qualified employees during a public health emergency.
EMPLOYMENT IN THE TIME OF COVID-19
This article discusses employment issues arising during the COVID-19 pandemic and how employers adjusted to these rapid changes.
COLORADO AND CALIFORNIA CONSUMER PRIVACY ACTS: A COMPARISON
Colorado Consumer Privacy Act (CO CPA) (Colorado Revised Statutes ,“C.RS §6-1), which went into effect on September 1, 2018, was considered among the most demanding in the nation. However, California Consumer Privacy Act (CaliCPA), which will go into effect on January 1, 2020, seems to surpass the CO CPA and is considered one of the strictest data privacy and digital consumer rights laws within the US borders. CaliCPA practically brings the European Union’s General Data Protection Regulation (GDPR) laws into U.S. legislation, setting the stage for a new era in digital regulation.
Patents in Telehealth & Health IT: Viable or Bust?
Over the past decade, the cohort of court rulings collectively known as “patent subject matter eligibility” rules have significantly shrunk filings and approvals of patent applications and caused the premature demise of many previously enforceable bursiness patents.