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Don't Be Complacent, Be Compliant - CMS and OIG Online Sources Continue to Provide Important Compliance and COVID-19 Updates

By: Susan E. Ziel and Andrew W. Breck on June 4, 2020

Health care and its many statutory, regulatory, and industry “yardsticks” are ever-changing and require regular attention.  In order to stay close to the action, particularly with respect to matters concerning corporate compliance, there are at least three online sources to consider.  The first is…

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When It Rains, It Pours - Nursing Facilities to Face Imminent Survey Activity, Enhanced Enforcement Actions, and Staff Testing Requirements as a Result of COVID-19

By: Andrew W. Breck and Meghan M. Linvill McNab on June 3, 2020

Nursing facilities have undoubtedly encountered unique challenges during the ongoing COVID-19 public health crisis.  In an effort to protect the vulnerable population receiving care in these facilities, the Centers for Medicare and Medicaid Services (CMS) issued guidance on June 1, 2020 announcing…

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Protect Yourself from Anti-Kickback Statute Liability When Donating PPE

By: Brandon W. Shirley and Marc T. Quigley on May 18, 2020

The HHS Office of Inspector General (“OIG”) recently updated its COVID-19 FAQ page to clarify its view of donated Personal Protective Equipment (“PPE”) during the COVID-19 public health emergency. Specifically, the OIG clarified that donations to actual or potential referral sources made during the…

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Indiana Imposes Requirements on Physician Noncompete Provisions

By: Robert A. Anderson and Hillary N. Buchler on May 17, 2020

The Indiana Legislature passed House Bill 1004 which Indiana’s Governor signed into law on March 18, 2020. Section 8 of the Bill creates new law affecting physician noncompete agreements and physician separations and goes into effect on July 1, 2020.

New chapter, IC 25-22.5-5.5 sets out five…

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New FAQ Addresses Eligibility of §115 Hospitals for PPP Loans

By: Kendall A. Schnurpel on May 5, 2020

On Sunday, May 3, 2020, the Small Business Administration (“SBA”) added content to its Frequently Asked Questions (“FAQ”) for the payroll protection program (“PPP”) loans established under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). One added response dealt with the…

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CMS Publishes New Medicare Changes to Address the COVID-19 Pandemic

By: Brandon W. Shirley and Meghan M. Linvill McNab on May 3, 2020

On April 30, 2020, the Centers for Medicare and Medicaid Services (“CMS”) announced a second round of changes to requirements designed to expand COVID-19 testing, to increase and support hospital capacity and workforce, and to expand Medicare coverage for telehealth services. Some of these changes…

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CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care

By: Brandon W. Shirley and Robert A. Anderson on April 19, 2020

On April 19, 2020, the Centers for Medicare and Medicaid Services (“CMS”) issued recommendations to States for resuming non-emergent, non-COVID-19 health care in areas with “low, or relatively low incidence of COVID-19” that relate to recent reopening guidance. The CMS recommendations are not…

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Governor Holcomb Issues Additional Licensure Waivers to Increase Health Providers Available to Address COVID-19

By: Brandon W. Shirley and Meghan M. Linvill McNab on April 9, 2020

On April 17, 2020, Governor Holcomb issued Executive Order 20-19 to expand the health care provider workforce available to battle Indiana’s COVID-19 spread. Specifically, the Executive Order expands the list of providers eligible to prescribe orders for home health services and authorizes certain…

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OCR Relaxes Enforcement For Pandemic-Related Disclosures of PHI During Public Health Emergency

By: Stacy Walton Long and on April 5, 2020

The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced that effective April 2, 2020, it will not impose penalties against health care providers or their business associates for certain violations of the Health Insurance Portability and Accountability…

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Governor Holcomb Waives More Indiana Health Care Laws in Executive Order 20-13 to Address COVID-19

By: Brandon W. Shirley and Stephanie T. Eckerle on March 30, 2020

On March 30, 2020, Governor Holcomb issued Executive Order 20-13 (“EO 20-13”) to remove legal and administrative restrictions affecting health care space, workforce, personal protective equipment, and telemedicine to more fully prepare for the COVID-19 outbreak in Indiana. The new directives are…

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Indiana Responds to COVID with Changes to Prior Authorization and Telemedicine

By: Meghan M. Linvill McNab and Stephanie T. Eckerle on March 29, 2020

On March 26, 2020 Indiana’s Governor Holcomb issued Executive Order 20-12, pursuant to his authority under Indiana’s Emergency Management and Disaster Law (IC 10-14-3), authorizing important changes to the Medicaid prior authorization and telemedicine requirements for Indiana providers. Note, the…

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CMS Expands and Makes Advance Medicare Payments More Available to Address Cash Flow Affected by COVID-19

By: Brandon W. Shirley and Meghan M. Linvill McNab on March 29, 2020

Currently, the Centers for Medicare and Medicaid Services (“CMS”) may authorize accelerated/advance payments when there is a disruption in claims submission and/or claims processing. CMS is also authorized to provide accelerated/advance payments during public health emergencies. CMS is utilizing…

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