Health Services


CMS Issues Guidance on Blanket Stark Law Waivers During COVID-19 Crisis
April 1, 2020 | Health Services
When the President has declared a national emergency under authorizing legislation, the Secretary of the U.S. Department of Health and Human Services is authorized to grant waivers to certain prohibitions under the Social Security Act, which includes the Stark Law, during a declared public health emergency in order to ensure (i) sufficient health care items …
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CMS Expands Accelerated and Advance Payment Program to Assist Providers
| Health Services
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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Legal Protections for Healthcare Workers during the COVID-19 Pandemic
March 31, 2020 | David E. Richman | Jeannine M. Farino | Benjamin P. Malerba | Medical Malpractice Defense | Health Services
At a time when medical professionals are overwhelmed by the COVID-19 crisis, Governor Cuomo issued an executive order expanding resources to healthcare workers. The goal is to meet the treatment demands of coronavirus patients, and most significantly, provide health care providers with protection, in most instances, from lawsuits for medical malpractice and other potential liability. …
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DHS-CISA Updates Guidance on Essential Industries
| Health Services
On March 28, 2020, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency issued a much-needed update clarifying what constitutes “essential industry” during the national COVID-19 response.  This updated Guidance is especially important as many of the individual state declarations of emergency refer to “essential industry” without any enumeration, or specifically reference DHS-CISA …
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CARES Act Includes Behavioral Health and Substance Abuse Provisions
March 30, 2020 | Health Services
Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, will help people with substance use disorders (SUDs) and the healthcare professionals who care for them. Congress has recognized that people with SUDs are especially vulnerable during the current public health emergency, and economic …
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CARES Act Changes Privacy Rules for Substance Use Disorder Records
| Health Services
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, made some substantial changes to the confidentiality rules for substance abuse and mental health records to bring them in line with HIPAA confidentiality rules. In addition, references to “substance abuse” have been updated to “substance use disorder.”  Patient Consent …
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Laboratory-Related Provisions in the CARES Act
March 27, 2020 | Geoffrey R. Kaiser | Health Services
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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Cuomo Seeks to Increase Number of NYS Healthcare Workers
March 24, 2020 | Health Services
New York Gov. Andrew Cuomo has issued a number of Executive Orders aimed at temporarily facilitating the ability of healthcare professionals to practice in New York State and aid hospitals in the care and treatment of coronavirus patients. Executive Order No. 202.5 authorizes the temporary suspension and modification of certain provisions of the state’s laws …
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CMS Expands Medicare Telehealth Coverage
March 18, 2020 | Health Services
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 are managing …
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Proposed Changes to Stark Law Promote Value-Based Provider Arrangements
October 11, 2019 | Benjamin P. Malerba | Ada Kozicz | Compliance, Investigations & White Collar | Health Services
As part of the U.S. Department of Health and Human Services’ “Regulatory Sprint to Coordinated Care,” the U.S. Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) coordinated their efforts in issuing proposed changes to the federal fraud and abuse laws which prohibit certain patient referrals. The changes are intended …
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