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Department of Justice Announces Two Settlements Under the False Claims Act

On April 15, 2020, the Department of Justice announced the following settlement agreements under the False Claims Act (FCA): The U.S. Attorney’s office for the Eastern District of Pennsylvania announced that a laboratory, pain clinic and two former executives agreed to pay $41 million dollars to resolve allegations under the…

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New COVID-19 Regulatory Requirements Announced for Nursing Homes

On April 19, 2020, the Centers for Medicare & Medicaid Services (CMS), partnered with the Trump Administration, announced new regulatory requirements will be issued for nursing homes during the COVID-19 pandemic. CMS also issued a memorandum discussing what the new regulations will include. The regulations are being implemented to address…

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HHS Announcement: $10 Billion Available for Hospitals in COVID-19 High Impact Areas But Hospitals Have Mere Hours to Apply

Today, April 22, 2020, the Department of Health and Human Services (HHS) announced that $10 billion will be distributed to as grants hospitals in areas that have been particularly impacted by the COVID-19 pandemic. This includes hospitals serving areas that have high percentages of confirmed COVID-19 cases (e.g., New York).…

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HHS Issues Terms and Conditions for Federal Awards Issued Under the PHSSEF

The Department of Health & Human Services (HHS) has begun issuing $30 billion in awards from the Public Health and Social Service Emergency Fund (PHSSEF) to healthcare providers nationwide to help relieve the financial burden imposed upon the healthcare industry by the COVID-19 pandemic. Each provider that receives an award…

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CMS Increasing Medicare Payments for High-Throughput COVID-19 Tests

The Center for Medicare & Medicaid Services (CMS) has announced that it is increasing payments under Medicare for high-throughput COVID-19 clinical diagnostic laboratory tests. Previously, Medicare Administrative Contractors were paying out $51 for these tests. Under the new payment policy, effective April 14, 2020, Medicare will pay $100 (nearly double…

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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…