On May 14, 2020, the U.S. Centers for Disease Control (“CDC”) published voluntary guidance that provides checklists for reopening certain workplaces and activities.  The decision tools state that “[i]t is important to check with state and local health officials and other partners to determine the most appropriate actions while adjusting to meet the unique needs and circumstances of the local community.”  The following decision tools were published: Workplaces During the COVID-19 Pandemic; Child Care …

In a Public Service Announcement issued May 13, 2020, the U.S. Federal Bureau of Investigation (“FBI”) and Cybersecurity and Infrastructure and Security Agency (“CISA”) warned of the targeting and compromise of U.S. organizations conducting COVID-19 research.   More specifically, the announcement warns that “actors have been observed attempting to identify and illicitly obtain valuable intellectual property (IP) and public health data related to vaccines, treatments, and testing from networks and personnel affiliated with COVID-19-related research.”   The…

The U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency and the U.K.’s National Cyber Security Centre issued a joint alert on Tuesday that advanced persistent threat groups “are actively targeting organizations involved in both national and international COVID-19 responses.”   This warning should be heeded by hospitals, health systems, pharmaceutical companies, and academic medical systems that are involved in COVID-19 research and treatment.  Specifically, the alert provides that the groups “may seek to obtain…

On the evening of May 1, 2020, HHS announced that it will distribute an additional $22 billion in payments from the Provider Relief Fund to hospitals with high volumes of COVID-19 patients ($12 billion) and rural hospitals ($10 billion) in the coming days. Qualifying hospitals will receive funds via direct deposit and will likely be subject to the same attestation requirements as prior tranches of Provider Relief Fund distributions.  Congress has appropriated $175 billion to…

On Thursday, April 30, 2020, the Health Resources and Services Administration (HRSA) held a webinar on its COVID-19 Uninsured Program Portal. On the webinar, HRSA and UnitedHealth Group employees explained that providers can begin using the Portal to be reimbursed for COVID-19 testing or treatment that has been provided to uninsured individuals in the U.S. with a COVID-19 diagnosis on or after February 4. Claims can start to be submitted on May 6 and will…

Today, the Centers for Medicare & Medicaid Services (CMS) released an additional round of regulatory waivers and rule changes to support the healthcare system during the COVID-19 pandemic.  The changes include new rules to expand COVID-19 diagnostic testing, increase care capacity and the healthcare workforce, and further promote telehealth services. Medicare no longer requires an order from the treating physician or other practitioner for Medicare and Medicaid beneficiaries to get COVID-19 tests and certain laboratory…

CMS announced on Sunday, April 26, that it is suspending payments under the Advanced Payments Program to Part B suppliers immediately and reevaluating payment amounts under the Accelerated Payment Program.  The Accelerated and Advanced Payments Programs enable Medicare providers and suppliers to receive advance Medicare payments and address cash flow issues during a disruption in claims submissions and processing, including a public health emergency.  Funding provided through these programs are not grants, and typically…