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Articles Posted in Health Law

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CMS Distributing $30 Billion Under the CARES Act, Medicare Providers/Suppliers to Automatically Receive ACH Deposits . . . but Conditions Apply

Today, the U.S. Department of Health and Human Services (“HHS”) announced that it would directly deposit $30 billion in funds into the accounts of providers/suppliers that billed Medicare fee-for-service claims last year.  This initial $30 billion is part of a $100 billion appropriation under the CARES Act that HHS will…

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CMS Issues Guidance to Mitigate the Spread of COVID-19 in Long-Term Care Facilities

On April 2, 2020, the Centers for Medicare and Medicaid Services (CMS), in consultation with the Centers for Disease Control and Prevention (CDC), issued critical guidance to nursing homes and state and local governments to mitigate the spread of COVID-19 in long-term care facilities. While CMS and the CDC have…

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Department of Labor Extends FFCRA Employee Leave to Combat Effects of COVID-19 in the Workplace

The U.S. Department of Labor (DOL) has issued a temporary rule under the Families First Coronavirus Response Act (FFCRA) to combat the effects of COVID-19 on the workplace (the “FFCRA Temporary Rule”). The FFCRA Temporary Rule is effective from April 1, 2020 through December 31, 2020 and extends employee leave…

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CMS to Distribute $30 Billion in Grants Under the CARES Act to Providers to Alleviate the Burden Imposed by COVID-19

In a Coronavirus Task Force press briefing on April 7, 2020, Centers for Medicare and Medicaid Services (CMS) Administrator Seema Verma (the “Administrator”) announced that CMS will distribute $30 billion in grants from the Public Health and Social Service Emergency Fund (PHSSEF) to providers to help alleviate the burden that…

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CMS Issues Blanket Waivers Under Stark Law

On March 30, 2020, the Centers for Medicare and Medicaid Services (CMS) announced that it will issue blanket waivers from sanctions imposed under section 1877 of the Social Security Act (SSA), often referred to as the Physician Self-Referral (Stark) Law, to healthcare providers responding to the COVID-19 pandemic. By way…

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Temporary Extension to Michigan FOIA Responses Can Impact Licensing Matters

The Michigan Freedom of Information Act (“FOIA”) is a public policy that allows Michiganders access to information regarding the affairs of government and the official acts of those who represent them. To balance this priority with the restrictions created by the COVID-19 crisis, it is necessary to provide temporary extensions…

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SBA Issues Subsequent Interim Final Rule Regarding Affiliation Rules Under the PPP to Supplement Initial Rule

The U.S. Small Business Administration (SBA) issued an Interim Final Rule (the “Initial Rule”) to implement sections 1102 an 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on April 2, 2020. Subsequently, the SBA issued an additional Interim Final Rule (the “Subsequent Rule”) to supplement the…

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Paycheck Protection Program is Live – What Businesses Need to Know about Forgivable Loan Program

The new Small Business Administration (“SBA”) program for forgivable loans to small businesses (the “Paycheck Protection Program” or “PPP”) under the CARES Act launched yesterday.  There at $349 billion in funds appropriated for forgivable loans under the PPP.  Businesses must obtain loans directly from private SBA lenders and one lender…

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CMS Expands the Accelerated and Advance Payments Program during COVID-19 Emergency

On March 28, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that it is expanding its Accelerated and Advance Payment Program for healthcare providers and suppliers participating in Medicare. CMS is expanding the program to ensure that all Medicare-participating providers and suppliers have the resources necessary to combat…

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CARES Act Loans for Middle Market Businesses Over 500 Employees but Less Than 10,000

As a broad overview, a sub-provision of the CARES Act governs “middle market” businesses, those between 500 and 10,000 employees. The Federal Reserve will specifically set up a funding program to banks and other lenders who will then make direct loans to such mid-market companies. These loans will carry preferential…