On September 14, 2023, the U.S. Department of Health and Human Services (“HHS”) published a proposed rule updating Section 504 of the Rehabilitation Act of 1973 (“Section 504”). The new rule entitled Discrimination on the Basis of Disability in Health and Human Service Programs or Activities(the “Proposed Rule”) is the first major regulatory update
C&M Health Law
Analysis, commentary, and the latest developments in health care law and policy
Hospital at Home Programs Extended, But Final Push Is Needed
Throughout the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) issued a number of waivers and flexibilities to help healthcare providers manage the influx of patients during the Public Health Emergency (PHE). The implementation of the Acute Hospital Care at Home (AHCaH) individual waiver in 2020 allowed qualifying hospitals to provide hospital at…
President Biden Signs End-of-Year Legislation Including Telehealth, Medicare & Medicaid, Mental Health, Pandemic Preparedness, and Other Health Care Provisions
On December 29, President Joe Biden signed into law the Consolidated Appropriations Act, 2023 (P.L. 117-164) (the “Act”)—an approximately $1.7 trillion spending package, which consists of all 12 fiscal year (FY) 2023 appropriations bills and funds the federal government through September 30, 2023, provides additional assistance to Ukraine, and makes numerous health care…
HHS Proposed Changes Would Align Part 2 Regulations on Substance Use Disorder Records with HIPAA
In late November, HHS proposed long-awaited changes to regulations at 42 C.F.R. Part 2 (“Part 2”) governing the confidentiality of substance use disorder (“SUD”) records as required under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. Generally, HHS is attempting to align Part 2 requirements with the HIPAA (“Health Insurance Portability and Accountability Act”)…
Top Healthcare Policy Developments in 2023; Register for Crowell Health Solutions Webinar
The results of the 2022 U.S. midterm elections—during which voters were focused on the economy, public safety, and health care and abortion issues—will have longstanding consequences for the development of health care policy over the next two years. With the U.S. House of Representatives and U.S. Senate controlled by different parties, it will be difficult…
HHS Proposes Significant Amendments to Part 2 Regulations Governing the Confidentiality of Substance Use Disorder Records
Earlier this week, the United States Department of Health and Human Services (“HHS”) released a Notice of Proposed Rulemaking (“NPRM”) that proposes to make sweeping changes to regulations at 42 C.F.R. part 2 (“Part 2”) governing the confidentiality of substance use disorder (“SUD”) records. These modifications, which implement provisions of section 3221 of the Coronavirus…
White House looks to CMMI to test new ways to lower drug prices
President Biden signs Executive Order directing HHS to “consider additional actions to further drive down prescription drug costs”
On October 14, 2022, President Biden signed an Executive Order (EO) directing the Secretary of the Department of Health and Human Services (HHS) to consider new healthcare payment and delivery models the Center for Medicare & Medicaid…
Crowell & Moring and Crowell Health Solutions Host a Forum to Discuss Trends in Value-Based Care and Health Technology Innovation
Crowell & Moring and Crowell Health Solutions hosted a HealthTech roundtable with discussions focused on value-based care, health equity, data privacy, artificial intelligence, and other trends in health care technology in the Washington, D.C. office on October 27. The sessions featured numerous experts from health technology companies, advocacy organizations, and trade associations, all of whom…
$900 Million Increase in Medicare Part A Payments One of Many Medicare Changes for SNFs in FY 2023
On July 29, 2022, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that updates Medicare payment policies and rates for skilled nursing facilities (SNFs) and enacts changes to the SNF Quality Reporting Program and the SNF Value-Based Purchasing Program beginning in FY 2023.
SNF Payment Rates and PDPM Adjustments
Nursing homes…
Changing Hands, Not Washing Them: CMS’ First Report on Nursing Home M&A Data
Last week, the Centers for Medicare & Medicaid Services (CMS) released data—for the first time—reporting on mergers, acquisitions, consolidations, and changes of ownership of Medicare enrolled hospitals and nursing homes over the past six years. This data, expected to be updated on a quarterly basis moving forward, has been lauded as an important step…