Since the No Surprises Act was signed into law in 2020, the Department of Health and Human Services has published several rules with respect to the Act, leaving many unanswered questions. With the Act taking effect this month, forums are now being held to educate providers on the new law, which curtails surprise medical bills
Health Law Alert: CMS Guidance Addresses Compliance with Vaccine Requirements
On December 28, 2021, directors from the Quality, Safety and Oversight Group at The Centers for Medicare and Medicaid Services (CMS) released a memorandum (QSO-22-07-ALL) outlining its procedures for surveying compliance under its November 5, 2021, Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (IFR). The memorandum references various attachments for specific provider types
CMS Issues Flexible but Confusing Final Guidance on Hospital Co-Location
In 2019, the Centers for Medicare and Medicaid Services (CMS) issued draft guidance on hospital co-location (when hospitals share space and resources with other health care entities). We previously summarized that draft guidance here. On November 12, 2021, CMS issued its final guidance and — surprise! — it changed quite a bit.
Generally, the
What Health Care Providers Need to Know About Illinois’ New Non-Compete Law
As originally drafted, the Illinois Freedom to Work Act (IFWA) only barred employers from entering into non-compete agreements with “low wage employees,” i.e., those making no more than minimum wage or $13 per hour, whichever is greater. In 2022, the law is expanding to include broader limitations on non-competes and, for the first time, non-solicitation
No Surprises Act Aims to Avoid Surprise Out-of-Network Medical Bills
The No Surprises Act, which then-President Trump signed into law on December 27, 2020, as part of the Consolidated Appropriations Act of 2021, addresses surprise medical bills from out-of-network providers when patients believe they are seeking care from in-network providers. Most sections of the act go into effect on January 1, 2022, and the Departments
Lucrative Speaking Engagements with Drug and Medical Device Companies: Approach with Caution
If an offer to a health care provider to speak at or attend a pharmaceutical or medical device company’s event seems too good to be true – it probably is, and it could lead to civil, criminal and federal administrative penalties.
On November 16, 2020, the Office of Inspector General (OIG) issued a Special Fraud
Supreme Court Hears Oral Arguments in ACA Challenge
On November 10, 2020, the U.S. Supreme Court held oral arguments in California, et. al. v. Texas, et. al., the most recent challenge to the Patient Protection and Affordable Care Act (ACA).
By way of brief background, the Supreme Court addressed the constitutionality of the ACA in 2012 in National Federation of Independent Business v.
HHS Blocked from Rolling Back Health Care Protections for Transgender Workers
Greensfelder Officer Amy Blaisdell was recently quoted in an article for SHRM about a federal judge in New York temporarily blocking a regulation that was going to remove some health care protections for transgender individuals. The article, titled “HHS Blocked from Rolling Back Health Care Protections for Transgender Workers,” was published on August 18, 2020.
Objective Versus Subjective Evidence in the ERISA Claims-Handling Process
Greensfelder Officer Amy Blaisdell recently co-authored an article in For the Defense, a publication of the Defense Research Institute (DRI), about lessons employers should keep in mind when defending against disability benefits claims that lack objective medical evidence. The article, titled “Objective Versus Subjective Evidence in the ERISA Claims-Handling Process,” was published in the
HHS extends deadline for Provider Relief Fund attestations
The Department of Health and Human Services on May 7, 2020, extended the deadline for health care providers to attest to receipt of payments from the Provider Relief Fund and accept the Terms and Conditions.
Providers will now have 45 days, increased from 30 days, from the date they receive a payment to attest