Thomas Dowdell (US)

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COVID-19 Update: CMS Issues Wide Ranging Blanket Waivers to Assist Providers

On Monday, March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued wide ranging blanket waivers and published an interim final rule intended to “equip the American healthcare system with maximum flexibility” to respond to COVID-19. The waivers will remain in effect until the end of the emergency declaration. CMS issued a summary … Continue reading

COVID-19 update: CMS publishes fact sheet describing process for providers and suppliers seeking CARES Act Medicare accelerated and advance payments

By Frances Morgan (US) and Thomas Dowdell (US) on March 30, 2020 Posted in Coronavirus, General, News from DC

On March 28, 2020, CMS released guidance related to the expanded accelerated and advance payments provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law by President Trump on March 27. These payments are typically available when there is a disruption in claims submission or claims processing, and are offered in … Continue reading

COVID-19 Update: Senate Unanimously Passes Emergency Stimulus Package

By Thomas Dowdell (US), Mark Faccenda (US), Rachel Park (US) and Jeff Wurzburg (US) on March 26, 2020 Posted in Coronavirus, General, News from DC

The United States Senate has passed a $2 trillion phase three emergency package, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Senate approved the CARES Act on a unanimous vote of 96-0, with three Senators in self-quarantine and another returning home out of an abundance of caution. The CARES Act, assuming it … Continue reading

AHA seeks clarification from HHS regarding EMTALA and HIPAA waivers

By Thomas Dowdell (US) and Jeff Wurzburg (US) on March 26, 2020 Posted in Coronavirus, General, Regulatory

In a letter dated March 25, 2020, the American Hospital Association (AHA) has requested that the U.S. Department of Health & Human Services (HHS) consider clarification for waivers relating to the Emergency Medical Treatment and Labor Act (EMTALA) and the Health Insurance Portability and Accountability Act (HIPAA). HHS recently published two waivers specific to EMTALA … Continue reading

COVID-19 Update: CDC publishes criteria for when healthcare professionals with confirmed and suspected COVID-19 can return to work

By Hayley White (US), Jeff Wurzburg (US), Thomas Dowdell (US) and Yvonne Puig (US) on March 25, 2020 Posted in Coronavirus, General, News from DC

On Tuesday, March 24, 2020, the Centers for Disease Control and Prevention (CDC) issued interim guidance on criteria that can be used to determine whether a healthcare professional with a confirmed or suspected case of COVID-19 should return to work. The CDC states that this criteria can be further “adapted by state and local health … Continue reading

Senate COVID-19 (Coronavirus) Stimulus Legislation Stalls, House Democrats Introduce Competing Bill

By Thomas Dowdell (US), Jeff Wurzburg (US) and Rachel Park (US) on March 24, 2020 Posted in Coronavirus, News from DC

On Monday evening, March 23, the Senate COVID-19 (coronavirus) stimulus package remained stalled. A procedural vote to advance the Senate bill Monday afternoon failed and negotiations remain ongoing. House Speaker Nancy Pelosi announced a Democratic coronavirus stimulus plan in response to the Senate bill including more robust relief for individuals and providers and more targeted … Continue reading

CMS Announces Relief on Quality Reporting Program Measures Due to COVID-19 (Coronavirus)

By Thomas Dowdell (US), Frances Morgan (US) and Jeff Wurzburg (US) on March 24, 2020 Posted in Coronavirus, General, Regulatory

On March 22, CMS announced that for providers participating in quality reporting programs the agency is granting extensions on reporting deadlines and allowing the omission of certain time periods for most program reporting. CMS released a programmatic chart explaining the relief granted considering the “extreme and uncontrollable circumstances” resulting from the COVID-19 pandemic. Of particular … Continue reading

COVID-19 (Coronavirus) Update: CMS Announces Targeted Plan for Facility Inspections – Infection Control and Immediate Jeopardy

By Thomas Dowdell (US) and Frances Morgan (US) on March 24, 2020 Posted in Coronavirus, General, Regulatory

On March 23rd, 2020, CMS announced a newly “enhanced, focused inspection process” to be implemented nationally in light of the COVID-19 (coronavirus) pandemic and released guidance to state survey agency directors. Standard and Revisit Inspections for nursing homes, hospitals, home health agencies, intermediate care facilities for individuals with intellectual disabilities, and hospices will not be … Continue reading

COVID-19 Update: FDA will use enforcement discretion for limited ventilator modifications

By Yvonne Puig (US), Thomas Dowdell (US), Mark Faccenda (US) and Jeff Wurzburg (US) on March 23, 2020 Posted in Coronavirus, FDA & Food Safety, General

On March 22, 2020, the FDA released guidance describing an enforcement policy that will help increase the availability of ventilators and accessories, as well as other respiratory devices, during the COVID-19 pandemic. FDA’s guidance would permit “limited modifications to the indications, claims, functionality, or to the hardware, software, or materials of FDA-cleared devices used to … Continue reading

COVID-19 Update: Phase Three Stimulus Legislation Stalls on Sunday Afternoon

By Thomas Dowdell (US) and Rachel Park (US) on March 22, 2020 Posted in Coronavirus, General, News from DC

The Phase Three Senate Republican stimulus legislation released Sunday afternoon (March 22), H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), would provide aid for small businesses, industries and families impacted by the COVID-19 (coronavirus) pandemic, including direct cash payments for Americans, as well as $75 billion for coronavirus response payments to … Continue reading

Coronavirus | COVID-19 Update: CMS issues guidance to all PACE Organizations to implement policies and procedures to prevent the spread of COVID-19

By Yvonne Puig (US), Daphne Calderon (US), Thomas Dowdell (US), Jeff Wurzburg (US) and Hayley White (US) on March 19, 2020 Posted in Coronavirus, General, Regulatory

On Tuesday, March 17, 2020, the Centers for Medicare & Medicaid Services (CMS) released guidance to all Programs of All-Inclusive Care for the Elderly (PACE) Organizations (POs) on policies and standard practices to follow in regards to the COVID-19 public health emergency.… Continue reading

COVID-19 Update: Trump administration expands access to telehealth services for Medicare beneficiaries to combat COVID-19

By Yvonne Puig (US), Daphne Calderon (US), Thomas Dowdell (US), Jeff Wurzburg (US) and Hayley White (US) on March 17, 2020 Posted in Coronavirus, General, Regulatory

On Tuesday, March 17, 2020, the Trump administration announced that it will immediately expand access to telehealth services for all Medicare beneficiaries during the COVID-19 outbreak. In coordination with this announcement, the Office for Civil Rights at the Department of Health & Human Services (HHS) released a notification stating that HHS has temporarily suspended certain … Continue reading

COVID-19 Update: CMS Releases Guidance for Hospitals and Nursing Homes

By Yvonne Puig (US), Thomas Dowdell (US), Daphne Calderon (US) and Jeff Wurzburg (US) on March 5, 2020 Posted in Coronavirus, General

On Wednesday March 4, 2020, the Centers for Medicare & Medicaid Services (CMS) released three guidance documents for health care providers relating to the coronavirus. Worldwide there have been 96,888 confirmed cases, resulting in 3,305 fatalities, including 11 deaths in the United States. In a press release, CMS stated that the actions taken were “focused … Continue reading

AHA Requests 60-Day Extension to Comment Period for CMS’s proposed rule Medicaid Fiscal Accountability Regulation

By Thomas Dowdell (US) on December 17, 2019 Posted in General, News from DC

On December 16, 2019, the American Hospital Association requested a 60-day extension to the comment period for the Centers for Medicare & Medicaid Services’ proposed rule Medicaid Fiscal Accountability Regulation. The proposed rule was published in the November 18 Federal Register and the comment period closes January 17, 2020. The AHA requested an extension in … Continue reading

CMS Agrees to Pay for Clinic Visit Services Furnished in Excepted Off-Campus Provider-Based Departments at the Full OPPS Rate

By Thomas Dowdell (US) on December 12, 2019 Posted in Regulatory

CMS has announced that it will reimburse hospitals for clinic visit services furnished in excepted off-campus provider-based departments at the full OPPS rate without the payment reduction set forth in the agency’s CY 2019 OPPS final rule. CMS explains that it has installed a revised OPPS Pricer to update the payment rates applied to claim … Continue reading

CMS Publishes CY 2020 OPPS & ASC Price Transparency Requirements Final Rule and Transparency in Coverage Proposed Rule

By Mark Faccenda (US), Jeff Wurzburg (US) and Thomas Dowdell (US) on November 20, 2019 Posted in General, News from DC, Regulatory

On November 15, the Centers for Medicare & Medicaid Services (CMS) published the Calendar Year (CY) 2020 Outpatient Prospective Payment System (OPPS) & Ambulatory Surgical Center (ASC) Price Transparency Requirements for Hospitals to Make Standard Changes Public final rule and the Transparency in Coverage proposed rule. CMS intends through this rulemaking to increase price transparency … Continue reading

CMS Proposes Major Changes in Medicaid Fiscal Accountability Rule

By Jeff Wurzburg (US) and Thomas Dowdell (US) on November 20, 2019 Posted in General, News from DC, Regulatory

On November 12, 2019, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule for public inspection entitled Medicaid Fiscal Accountability Regulation. CMS states that the intent of the proposed rule is to ensure that state supplemental payments and financing arrangements under the Medicaid program are consistent with federal statutory requirements. In a … Continue reading

CMS Releases Final Rule on CY 2020 Physician Fee Schedule Updates and Implements Opioid Use Disorder Treatment Programs

By Jeff Wurzburg (US), Thomas Dowdell (US) and Mark Faccenda (US) on November 12, 2019 Posted in Enforcement, News from DC, Regulatory

On November 1, 2019, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that updates the Medicare Physician Fee Schedule (PFS) rates and policies for calendar year (CY) 2020 and expands Medicare coverage to opioid treatment programs (OTPs) that treat beneficiaries with opioid use disorder (OUD). In a fact sheet accompanying the … Continue reading

CY 2020 Medicare Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System Final Rule

By Thomas Dowdell (US), Mark Faccenda (US) and Jeff Wurzburg (US) on November 11, 2019 Posted in FDA & Food Safety, News from DC, Regulatory

On November 1, 2019, the Centers for Medicare & Medicaid Services (CMS) published its CY 2020 Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System final rule. The final rule implements a number of significant changes to payment policies and rates for services furnished to Medicare beneficiaries in hospital outpatient … Continue reading

CMS Issues Final Rule Implementing CY 2020 Home Health Prospective Payment System Updates, Other Policy Changes for Home Health Agencies, and Payment Policies for CY 2021 Home Health Infusion Therapy Services Benefit

By Thomas Dowdell (US) on November 4, 2019 Posted in Regulatory

On October 31, 2019, the Centers for Medicare & Medicaid Services (CMS) released its final rule with comment period that sets forth updates to the home health prospective payment system (HH PPS) for calendar year (CY) 2020 and includes other policy changes for home health agencies (HHA). This final rule also finalizes payment policies for … Continue reading

US regulators to align key health care regulations with transformation to value-based care system; CMS and OIG propose major overhaul of Stark Law and AKS regulations

By Thomas Dowdell (US), Debbi Johnstone (US), Stacey Murphy (US) and Benjamin Wallfisch (US) on October 14, 2019 Posted in General, News from DC, Regulatory

On October 9, 2019, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued two sweeping proposals aimed at revising the Stark Law and Anti-Kickback Statute (AKS) regulations to adapt to and promote the US health care system’s transformation to value-based payment … Continue reading

U.S. District Court vacates CY 2019 OPPS final rule reducing Medicare payment rates for evaluation and management services furnished in hospital excepted off-campus provider-based departments

By Thomas Dowdell (US) on September 18, 2019 Posted in Regulatory

On September 17, United States District Judge Rosemary M. Collyer, United States District Court for the District of Columbia, ruled that CMS in its CY 2019 OPPS final rule reducing Medicare payment rates for evaluation and management (E/M) services furnished to Medicare beneficiaries in hospital excepted off-campus hospital provider-based departments exceeded its statutory authority and … Continue reading

CMS releases FY 2020 IPPS and LTCH PPS final rule

By Jeff Wurzburg (US), Mark Faccenda (US) and Thomas Dowdell (US) on August 9, 2019 Posted in Regulatory

On August 2, 2019, the Centers for Medicare & Medicaid Services (CMS) published its Fiscal Year (FY) 2020 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Acute Care Hospital (LTCH) Prospective Payment System (PPS) final rule (CMS-1716-F). The final rule is scheduled to be published in the Federal Register on August 16, 2019. … Continue reading

CMS Publishes FY 2020 Medicare Hospital IPPS and LTCH PPS Final Rule

By Thomas Dowdell (US) on August 2, 2019 Posted in Regulatory

On August 2, 2019, the Centers for Medicare & Medicaid Services (CMS) published its Fiscal Year (FY) 2020 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Care Acute Care Hospital (LTCH) Prospective Payment System (PPS) final rule (CMS-1716-F). The final rule is scheduled to be published in the Federal Register on August 16, … Continue reading