Health Care Law Today

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In April 2020, the Department of Health and Human Services (HHS) revealed a plan to disperse $175 billion in funding for health care providers allocated by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and subsequent federal relief bills. The Department titled the $175 billion the “Provider Relief Fund,” and almost immediately after CARES was signed into law, providers’ relief about potential economic stimulus was curbed by their confusion over how the Provider Relief…
In this episode, Foley Partner Chris Donovan sits down with Daniel Risku, Executive Vice President and General Counsel at Beacon Health Options to discuss how COVID-19 has influenced and changed the environment of behavioral health from a private equity and transactional standpoint. We encourage you to listen to the podcast in its entirety. Following is a transcript of this podcast. Please feel free to download a PDF version here. Please note that…
On June 3, 2020, the Centers for Medicare and Medicaid Services Innovation Center (CMMI) released a blog post and comprehensive table detailing new flexibilities and adjustments to CMMI models intending to address the current COVID-19 health emergency. The announcement comes after much speculation among CMMI model participants as to how 2020, and the COVID-19 health emergency would be treated.  Recognizing that the COVID-19 emergency presents unprecedented challenges that require increased flexibility, CMMI has made changes…
Hospitals across the country are questioning whether and how the Emergency Medical Treatment and Labor Act (EMTALA) requirements apply during the COVID-19 pandemic. Last week, CMS issued a list of Frequently Asked Questions (and answers) for hospitals and critical access hospitals (CAH) regarding EMTALA (the FAQ). The FAQ offers a number of clarifications and insights for hospitals seeking EMTALA compliance guidance during the COVID-19 emergency, including guidance related to signage, the use of alternate locations…
On May 4, 2020, the Food and Drug Administration (FDA) updated its “Policy for Coronavirus Disease-2019 Tests During the Public Health Emergency (Revised) | Immediately in Effect Guidance for Clinical Laboratories, Commercial Manufacturers, and Food and Drug Administration Staff” previously issued on February 29, 2020, and updated on March 16, 2020.  New Requirement for Commercial Manufacturers of Serology Tests With the updated guidance, the commercial manufacturers of serology tests must submit an Emergency…
In this episode, Foley Of Counsel Kyle Faget sits down with Jennifer Crawford (Counsel at Medici) to discuss how COVID-19 has impacted the telehealth industry. We encourage you to listen to the podcast in its entirety. Following is a transcript of this podcast. Please feel free to download a PDF version here. Please note that the interview copy below is not verbatim. We do our best to provide you with a summary…
The Centers for Medicare and Medicaid Services (CMS) has introduced a new crop of temporary regulatory flexibilities in response to the COVID-19 public health emergency (PHE) in the form of new blanket waivers, implementing guidance related to provisions of the Coronavirus Aid, Relief, and Economic Support Act (CARES Act) regarding rural health clinics (RHCs) and federally qualified health centers (FQHCs), as well as a new interim final rule (April IFC). This flurry of new…
COVID-19 has hit long-term care facilities very hard.  Every day brings reports of lethal outbreaks in such facilities and one-quarter or more of the reported COVID-19 related deaths in the United States have been connected to long-term care facilities. Given what is known about the Coronavirus, perhaps that result should not be surprising.  Long-term care facilities have many elderly residents living in close proximity to each other and a good number of residents have co-morbidities,…
In this episode, Foley Partner Monica Chmielewski and Of Counsel Kyle Faget sit down with Laurie Halloran (Chief Executive Officer and Chairwoman of the Board of Halloran Consulting Group) to discuss how conducting clinical trials has changed within the Health Care Industry in the face of COVID-19. We encourage you to listen to the podcast in its entirety. Following is a transcript of this podcast. Please feel free to download a PDF version
On April 23, 2020, the Centers for Medicare & Medicaid Services (CMS) released the “State Medicaid & CHIP Telehealth Toolkit: Policy Considerations for States Expanding Use of Telehealth” (the Toolkit). Telehealth allows patients to receive necessary health care services without risking the spread of COVID-19 through in-person interactions. The Toolkit is one of several guidance documents CMS has issued to expand use of telehealth during the COVID-19 pandemic. As discussed previously, CMS…