Health Care

CMS Updates Fee-For-Service FAQs on COVID-19

On May 28, 2020, CMS announced that it had updated its answers to its Frequently Asked Questions (FAQs) on Fee-For-Service (FFS) for COVID-19-related waivers for providers, including physicians, hospitals, and rural health clinics. The FFS FAQs were updated on May 27, 2020 in the areas of outpatient therapy, telehealth coding, and Federally Qualified Health Centers … Read more CMS Updates Fee-For-Service FAQs on COVID-19

Guidance for LTC Employees Returning to Work

On May 21, 2020, the Kentucky Cabinet for Health & Family Services (CHFS) Long Term Care Advisory Committee issued guidance to long-term care providers concerning COVID-19 precautions for employees returning to work at those facilities now that travel restrictions have expired.

HHS Announces Extension for Accepting Terms and Conditions for Provider Relief Fund

On May 22, 2020, the U.S. Department of Health and Human Services (HHS) extended the compliance deadline by 45 days for providers who are receiving payments from the Provider Relief Fund to accept the Terms and Conditions for Provider Relief Fund payments. This extension means providers now have 90 days from the date they received … Read more HHS Announces Extension for Accepting Terms and Conditions for Provider Relief Fund

HHS Office of Inspector General Is Monitoring Funds Disbursements and Billing and Claims Data

On May 26, 2020, Christi Grimm, the Principal Deputy Inspector General of the HHS Office of Inspector General (OIG) briefed the U.S. House of Representatives Committee on Oversight and Reform on the OIG’s oversight efforts in response to the COVID-19 pandemic. In this briefing she reported that the OIG will audit the disbursement of funds … Read more HHS Office of Inspector General Is Monitoring Funds Disbursements and Billing and Claims Data

State Launching Online Tracking System for COVID-19 Contact Tracing

by Partners, Tyson Gorman and Kathie McDonald-McClure and Summer Associate, Joseph Profancik Editor’s Note: This article was supplemented by notes that were taken during the May 21, 2020 webinar provided by the Kentucky Chamber of Commerce, featuring Governor Beshear and Mark Carter, discussing plans for the launch of the State’s contact tracing program. While speaking … Read more State Launching Online Tracking System for COVID-19 Contact Tracing

CMS Requires All Nursing Homes to Report Confirmed and Suspected COVID-19 Cases

In April, the Centers for Medicare & Medicaid Services (CMS) announced that it will require nursing home facilities to report COVID-19 information to the CDC and to residents’ families. On May 8, CMS issued an Interim Final Rule with Comment Period with new regulatory requirements. Nursing homes were required to begin reporting data through the … Read more CMS Requires All Nursing Homes to Report Confirmed and Suspected COVID-19 Cases

AMA Issues Guidance on Physician Use of COVID-19 Antibody Tests

On May 14, 2020, The American Medical Association (AMA) issued guidance cautioning physicians and the general public about the use of serology, or antibody, testing to determine individual immunity to COVID-19. More specifically, while these tests may be helpful in determining the overall prevalence of COVID-19 in the U.S. population, these tests have several inherent … Read more AMA Issues Guidance on Physician Use of COVID-19 Antibody Tests

HEROES Act Faces Unlikely Future

On Friday, May 15, 2020, the U.S. House of Representatives passed the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. Among other financial awards, the Act would provide an additional $100 billion into the provider relief fund to support hospitals and other health care providers and establish a $200 billion Heroes’ fund … Read more HEROES Act Faces Unlikely Future

CMS Releases Additional Waivers for Hospitals and Ground Ambulance Organizations

On May 19, 2020, CMS released the following additional waivers to provide flexibilities needed to take care of patients for the duration of the COVID-19 public health emergency (PHE), including: Modification of existing physical environment waivers for surge capacity and patient quarantine at hospitals, psychiatric hospitals and critical access hospitals so as to permit facility … Read more CMS Releases Additional Waivers for Hospitals and Ground Ambulance Organizations

HHS Awards Rural Health Clinics with $225 Million to Expand Virus Testing

On May 20, 2020, the Department of Health and Human Services (HHS) announced that rural health clinics (RHCs) will receive $225 million to expand COVID-19 diagnostic testing. This funding will be divided among 4,500 RHCs, each clinic receiving almost $50,000. These funds can be used to implement testing programs, buy testing supplies, train staff, build … Read more HHS Awards Rural Health Clinics with $225 Million to Expand Virus Testing

Skilled Nursing Facilities Receive $4.9 Billion Distribution to Combat COVID-19

On May 22, 2020, the Department of Health and Human Services (HHS) announced that it has begun distributing additional relief funds to skilled nursing facilities hit hard by the COVID-19 pandemic. Each facility with six or more certified beds will receive a fixed distribution of $50,000, plus a variable distribution of $2,500 per bed. Facilities … Read more Skilled Nursing Facilities Receive $4.9 Billion Distribution to Combat COVID-19

Wyatt’s Pat Mulloy Elected Chairman of Argentum Board of Directors

Wyatt, Tarrant & Combs is pleased to announce that Pat Mulloy, a member of the Firm’s Corporate & Securities Team, has been elected Chairman of the Argentum Board of Directors. Mr. Mulloy previously served as Argentum’s Vice Chairman. Argentum is the leading national association that is exclusively dedicated to supporting companies operating professionally managed, resident-centered … Read more Wyatt’s Pat Mulloy Elected Chairman of Argentum Board of Directors

CMS Announces New CARES Act Billing Amounts for DMEPOS Suppliers

On May 8, 2020, the Centers for Medicare & Medicaid Services (CMS) published an MLN article for suppliers billing Medicare for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) items and services. CMS has implemented the new April 2020 DMEPOS fee schedule amounts based on changes mandated by the Coronavirus Aid, Relief, and Economic Security … Read more CMS Announces New CARES Act Billing Amounts for DMEPOS Suppliers

Medicare Reimbursement Available to Pharmacies Running COVID-19 Testing

We previously reported that the Centers for Medicare & Medicaid Services (CMS) will not require an order from a physician or other practitioner for a COVID-19 diagnostic test, permitting pharmacists to perform the test without a provider order. On May 8, 2020, CMS published a document clarifying how pharmacies and other suppliers can temporarily enroll … Read more Medicare Reimbursement Available to Pharmacies Running COVID-19 Testing

CMS Publishes Explanatory Guidance to COVID-19-Related Stark Waivers

We previously reported that the Centers for Medicare & Medicaid Services (CMS) will not require an order from a physician or other practitioner for a COVID-19 diagnostic test, permitting pharmacists to perform the test without a provider order. On May 8, 2020, CMS published a document clarifying how pharmacies and other suppliers can temporarily enroll … Read more CMS Publishes Explanatory Guidance to COVID-19-Related Stark Waivers

CMS Continues to Expand Waivers

On May 11, 2020, the Centers for Medicare & Medicaid Services (CMS) published an updated summary of waivers and flexibilities related to the COVID-19 public health emergency (COVID-19 PHE). These new waivers, which CMS has identified in red (indicating they have been added or updated since April 30), include: (i) expansion of hospitals’ ability to … Read more CMS Continues to Expand Waivers

CMS Publishes Interim Final Rule Expanding COVID-19 Serology Tests

On May 8, 2020, the Centers for Medicare & Medicaid Services (CMS) published an Interim Final Rule with comment period, amending Medicare policy during the COVID-19 PHE to cover FDA-authorized COVID-19 serology tests in order to allow any healthcare professional authorized to do so under State law to order COVID-19 diagnostic laboratory tests (including serological … Read more CMS Publishes Interim Final Rule Expanding COVID-19 Serology Tests

Aggressive Surveillance Testing Strategy for Kentucky LTC Facilities

On May 8, 2020, the Kentucky Department for Public Health (KDPH) announced a new, more aggressive long-term care testing strategy in partnership with Norton Healthcare and local health departments and emergency management leaders. This program will provide COVID-19 surveillance testing for all residents and staff in all 286 skilled nursing facilities in the Commonwealth.

Kentucky Healthcare Phased Reopening Continues

As reported last week, Kentucky healthcare providers and facilities entered Phase III of the healthcare reopening on May 13, 2020. Under this schedule, healthcare providers were permitted to resume non-emergency/non-urgent inpatient surgeries and procedures at 50% of their pre-COVID-19 shutdown volume. All providers must continue to follow strict rules and procedures meant to mitigate the … Read more Kentucky Healthcare Phased Reopening Continues

Celebrating National Hospital Week

In celebration of National Hospital Week, Wyatt would like to recognize everyone in the healthcare sector who is or has been providing support to our communities in light of the pandemic. Below is a message from Wyatt’s Health Care team to say, thank you!

OIG Responds to FAQs on whether Stark Waivers Nevertheless Implicate the Anti-Kickback Statute

As we reported in our April 17, 2020 Newsletter, the HHS Office of Inspector General (OIG) said that seven of the financial relationships that otherwise implicate Stark but are permitted by CMS under its public health emergency (PHE) blanket waivers may still potentially violate the Anti-Kickback Statute (AKS) and expose providers to sanctions. Since our … Read more OIG Responds to FAQs on whether Stark Waivers Nevertheless Implicate the Anti-Kickback Statute

CMS Takes First Step Toward Medicaid Provider Grants

The Centers for Medicare & Medicaid Services (CMS) asked states to submit provider-level Medicaid payment information by Tuesday, May 5. This indicates that there may be a Medicaid-centric distribution of provider relief funds, although the details are still unclear. Industry groups have asked for more focus on Medicaid and criticized the way provider relief funds … Read more CMS Takes First Step Toward Medicaid Provider Grants

HHS Issues FAQs to Healthcare Providers on Release of COVID-19 Patient Information

The Department of Health and Human Services (HHS) issued guidance to hospitals and clinics reminding them that they must still comply with patient privacy rules during the COVID-19 crisis. In light of media focus, it is particularly important for providers to obtain a valid health privacy authorization from each patient whose protected health information would … Read more HHS Issues FAQs to Healthcare Providers on Release of COVID-19 Patient Information

Cybercriminal Activity Reinforces Need for Strong Security Measures

The U.S. Department of Homeland Security (DHS) and the United Kingdom’s National Cyber Security Centre (NCSC) issued a joint alert warning that advanced persistent threat (APT) groups are exploiting the COVID-19 pandemic as part of their cyber operations seeking to steal “bulk personal information, intellectual property, and intelligence that aligns with national priorities.” These cybercriminals … Read more Cybercriminal Activity Reinforces Need for Strong Security Measures


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