Medicare and Medicaid


CMS Expands Accelerated and Advance Payment Program to Assist Providers
April 1, 2020 | Margarita Christoforou | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

As healthcare providers continue to fight the coronavirus outbreak, many practices are suffering major disruptions due to the cancellation of elective surgeries and office visits, among other things. In an effort to lessen the financial hardships facing these providers, on March 28 the Centers for Medicare & Medicaid Services (CMS) announced an expansion of its

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CMS Issues Guidance on Blanket Stark Law Waivers During COVID-19 Crisis
April 1, 2020 | Geoffrey R. Kaiser | Ada Janocinska | COVID-19 | Fraud and Abuse | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid

On March 30, the Secretary of the U.S. Department of Health and Human Services issued blanket waivers of certain requirements of the federal physician self-referral law (Stark Law), retroactive to March 1, in response to the COVID-19 crisis. A detailed discussion of the waivers may be found here.

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CARES Act: Diagnostic Testing and Laboratory-Related Provisions
March 26, 2020 | Geoffrey R. Kaiser | COVID-19 | FDA | Legislation and Public Policy | Medicare and Medicaid | Private Insurers

Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by the Senate on March 25 relate to laboratory diagnostic testing for the COVID-19 virus.

Within Division A of the CARES Act, titled “Keeping Workers Paid and Employed, Health Care System Enhancements, and Economic Stabilization,” there are four sections

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CMS Releases 2020 Telehealth Policies
March 25, 2020 | Eric D. Fader | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Telehealth

The Centers for Medicare & Medicaid Services (CMS) has released an updated edition of its Medicare Learning Network Telehealth Services booklet. The publication, targeted at Medicare fee-for-service providers, outlines Medicare’s telehealth reimbursement policies for 2020. There is also a short summary of the expanded telehealth benefits available to Medicare beneficiaries during the current COVID-19 outbreak,

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Rivkin Radler Launches Coronavirus Resource Center
March 24, 2020 | Rivkin Rounds Staff | COVID-19 | HIPAA | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Private Insurers | Telehealth

Rivkin Radler has launched a Coronavirus Resource Center on the firm’s website. All of the firm’s COVID-19-related articles and blog posts, across our many practice groups, are now compiled in one place for easy reference. We’ll continue adding to the Resource Center as the pandemic continues.

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HHS Issues National Emergency Health Care Waivers
March 23, 2020 | Geoffrey R. Kaiser | COVID-19 | Fraud and Abuse | HIPAA | Hospitals | Legislation and Public Policy | Medicare and Medicaid

Responding to the Coronavirus public health emergency, the Secretary of Health and Human Services (HHS) has waived certain requirements of the Medicare, Medicaid and Children’s Health Insurance Program (CHIP), including requirements relating to the Stark Self-Referral Law (“Stark”), the HIPAA privacy regulations and the Emergency Medical Treatment and Labor Act (EMTALA). This action was taken

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NYS Takes Emergency Steps to Encourage Telehealth
March 19, 2020 | Eric D. Fader | Margarita Christoforou | COVID-19 | Home Health | Legislation and Public Policy | Medicare and Medicaid | Private Insurers | Telehealth

On March 17, the New York State Department of Financial Services (DFS) announced the issuance of a new emergency regulation requiring insurance companies in the state to waive cost-sharing, including deductibles, copayments, and coinsurance, for in-network telehealth visits, whether or not related to coronavirus. The new regulation will “encourage New Yorkers to seek medical attention

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CMS Expands Medicare Telehealth Coverage
March 18, 2020 | Margarita Christoforou | Behavioral Health | COVID-19 | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Telehealth

In an effort to limit the spread of the COVID-19 (coronavirus) outbreak, the Centers for Medicare & Medicaid Services (CMS) on March 17 announced the expansion of Medicare coverage for telehealth nationwide, effective immediately. CMS will temporarily pay clinicians to provide telehealth services for Medicare beneficiaries residing anywhere in the U.S. so that those who

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CMS Website Compiles Emergency Waivers and Guidance
March 17, 2020 | Eric D. Fader | COVID-19 | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Telehealth

The Centers for Medicare & Medicaid Services (CMS) has created a “Current Emergencies” page on its website that compiles links to the agency’s recent press releases and guidance regarding coronavirus in one place. CMS has already issued more than 30 press releases and guidance documents in March alone and there are too many to summarize,

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CMS and ONC Release New Interoperability Rules
March 12, 2020 | Ada Janocinska | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy | Medical Devices and Wearables | Medicare and Medicaid | Private Insurers | Telehealth

The Centers for Medicare & Medicaid Services (CMS) and Office of the National Coordinator for Health Information Technology (ONC) have finalized two highly anticipated rules that are intended to give patients “unprecedented safe, secure access to their health data.”

ONC will establish a certification process for application programming interfaces (APIs) that will meet certain interoperability

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