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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A Review of the PPP program set out the the CARES Act to address Covid-19 related financial and economic downturn.