Written by: Sean Williamson
On September 22, 2020, the Department of Labor (“DOL”) issued a proposed rule that attempts to clarify the distinction between employees covered by the Fair Labor Standards Act (“FLSA”) and independent contractors. The FLSA requires covered employers to pay nonexempt employees at least the federal ...
As we previously reported, providers who received loans this spring through the Medicare Accelerated and Advance Payment Programs were due to have Medicare claim reimbursements withheld by the Centers for Medicare & Medicaid Services (CMS) beginning in August to recoup those loans. Providers have reported that CMS had not yet taken action to ...
On September 19, 2020, the Department of Health and Human Services (HHS) published new Post-Payment Reporting Requirements applicable to providers who received payments of more than $10,000 from the Provider Relief Fund*. Qualifying recipients will be required to report: (1) healthcare expenses attributable to the coronavirus not ...
For those following along at home, you are most certainly aware of the heavyweight battle going on between the Department of Labor (DOL) and the State of New York over the FFCRA regulations. If you need a visual, think of the nerd version of Tyson v. Holyfield – lots of words flying around but no one loses an ear. Lots of papercuts, but no black eyes. You ...
On September 10, 2020, the Cabinet for Health and Family Service’s Department for Public Health issued guidance clarifying that in the face of the ongoing COVID-19 pandemic and the reopening of all industries in the state, only healthcare workers and first responders fall into the category of “critical” workers who may be exempt from ...
by Daniel Reed
The Department of Labor (“DOL”) recently provided clarity on issues related to remote work and remote learning.
Reasonable Diligence in Tracking Remote Work Employee Hours
The DOL issued guidance on employers’ obligation to track the work hours of employees who are working remotely due to COVID-19 or due to an already ...
As we previously reported, the Centers for Medicare & Medicaid Services (CMS) recently published new guidance requiring hospitals to document a positive COVID-19 laboratory test to receive a 20% increase in the Medicare Severity-Diagnosis Related Group (MS-DRG) weighting factor for their inpatients being treated for COVID-19. The ...
On September 9, 2020, the Department of Health and Human Services (HHS) announced that it had published guidance authorizing state-licensed pharmacists to order and administer COVID-19 vaccinations to persons age 3 and up, subject to certain requirements. The authorization preempts any state and local laws that prohibit those who satisfy the ...
On September 4, 2020, Governor Andy Beshear signed Executive Order 2020-749 renewing pharmacists’ authority to dispense emergency refills of up to a 30 day supply of any non-scheduled medication for Kentucky residents. This Order became effective on September 6 and will remain in effect for 30 days, subject to renewal.
by Daniel Reed
The Department of Labor (“DOL”) recently provided clarity on issues related to remote work and remote learning.
Reasonable Diligence in Tracking Remote Work Employee Hours
The DOL issued guidance on employers’ obligation to track the work hours of employees who are working remotely due to COVID-19 or due to an already ...
The Equal Employment Opportunity Commission (EEOC) delivered some welcome news for employers this week in the form of guidance clarifying that an employer that permits employees to telework temporarily during the COVID crisis is not automatically locked into allowing telework once the workplace reopens.
As we commented in a prior blog post ...
On September 1, 2020, the Department of Health and Human Services (HHS) announced that assisted living facilities may now apply for Provider Relief Fund payments to help address the economic harm and additional expenses caused by the COVID-19 pandemic. Assisted living facilities that may have previously been ineligible for Phase 2 General ...
As we reported on August 7, 2020, hospitals and providers are facing repayments of loans received this spring through the Medicare Accelerated and Advance Payment Programs. The first of these repayments became due in mid-August, 120 days after the first loans were issued. These loans were set to be recouped through Medicare claim ...
On September 2, 2020, the Wall Street Journal reported that the federal government is planning to publicize the names of hospitals that have not met COVID-19 data reporting requirements as early as next week. Hospitals are required to submit data daily to the Department of Health and Human Services (HHS) Protect reporting system on testing ...
On August 28, 2020, the Kentucky Cabinet for Health and Family Services (CHFS) issued updated guidance in a Provider Guidance Memo concerning the determination of the most appropriate setting for care of a resident of a long-term care facility (LTCF) who exhibits symptoms of, or tests positive for, COVID-19. The updated guidance instructs ...
As we reported last week, the Department of Health and Human Services (HHS) announced that it was developing “performance indicators” for distribution of an additional $2 billion to nursing homes this fall. On September 3, 2020, HHS published the metrics for evaluating performance for these performance-based incentive payments ...
As schools across the country open (physical or virtual) doors for children this fall, the Department of Labor added new guidance under its list of Frequently Asked Questions addressing FFCRA leave for remote learning programs. According to the DOL’s new guidance, if a child’s school is operating on a hybrid schedule – i.e., where ...