Highlighted Posts

Posts from October 2020.

On October 28, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that it had published a new Interim Final Rule with Comment Period (IFC) containing measures meant to remove regulatory barriers to ensure that Americans have access to affordable COVID-19 treatments and vaccines, when available. More specifically ...

On October 21, 2020, the Department of Health and Human Services (HHS) announced that it had authorized qualified pharmacy technicians and State-authorized pharmacy interns to administer childhood vaccines, COVID-19 vaccines (when available), and COVID-19 tests, subject to certain conditions. This guidance expands the HHS September ...

Who’s tired of 2020? Me! Me! Me! COVID gave us a bit of a reprieve for the summer months, but now seems to be back with a vengeance. New cases are higher than ever across the world. Parts of Europe are shutting down again. US cases and hospitalizations keep going up. You don’t have to read the news to know that cases are increasing … just ask any ...

On October 22, 2020, the Department of Health and Human Services (HHS) announced that the Phase 3 Provider Relief Fund (PRF) application period has been expanded to include additional provider applicants, including residential treatment facilities, chiropractors, and eye and vision providers who have not yet received PRF distributions ...

On October 22, 2020, the Department of Health and Human Services (HHS) announced that it had updated its final reporting guidance originally published in September. The update includes clarification that, for purposes of relief payment for lost revenues attributable to COVID-19, recipients must submit information showing a negative change ...

On October 20, 2020, the Office for Civil Rights (OCR) at the Department of Health and Human Services announced that it had resolved two religious discrimination complaints concerning clergy access to patients during the COVID-19 pandemic. More specifically, complainants alleged that hospitals had denied requests for clergy to have access ...

On October 16, 2020, the Kentucky Department of Public Health published a first draft vaccination plan for distribution of the COVID-19 vaccine to Kentucky’s local health departments and provider organizations as it becomes available in late 2020 or in 2021. The draft vaccination plan considers the phases of vaccination set out by the Centers ...

A New York federal judge struck down part of the Department of Labor’s (“DOL”) “Final Rule” regarding so-called “joint employers” under the Fair Labor Standards Act (“FLSA”).  If upheld and applied outside of New York, this ruling will expand the number of employers that have potential liability under the FLSA for minimum wage ...

On October 14, 2020, the Centers for Medicare and Medicaid Services (CMS) announced  the addition of 11 new telehealth services that Medicare Fee-For-Service will pay for during the COVID-19 public health emergency, including cardiac and pulmonary rehabilitation services.  Medicare will begin immediately paying practitioners who furnish ...

On October 15, 2020, the Centers for Medicare and Medicaid Services (CMS) announced  incentives to encourage faster high throughput COVID-19 diagnostic tests.  Effective January 1, 2021, Medicare will pay $100 to laboratories that complete COVID-19 diagnostic tests within two days of the specimen being collected while laboratories that ...

On October 14, 2020, the Centers for Medicare and Medicaid Services (CMS) announced  the release of a new supplement to its State Medicaid & CHIP Telehealth Toolkit: Policy Considerations for States Expanding Use of Telehealth, COVID-19 Version.  This toolkit contains helpful examples and insights into lessons learned from various states that ...

On October 16, 2020, CMS announced that it will allow Medicare-enrolled immunizers, including, but not limited to, U.S. pharmacies, to bill and receive direct reimbursement from the Medicare program for vaccinating Medicare beneficiaries residing in skilled nursing facilities (SNFs).  In absence of the exercise of such discretion, the ...

In our September 25 post titled “HHS Publishes Reporting Requirements for Provider Relief Fund Recipients and Changes Lost Revenue Calculation,” we reported on the Department of Health and Human Services (HHS) new Post-Payment Reporting Requirements applicable to providers who received payments of more than $10,000 from the Provider ...

On October 9, 2020, the Department of Health and Human Services (HHS) published CARES Act Provider Relief Fund Frequently Asked Questions.  Among these FAQs, HHS stated that it was not permissible to use Provider Relief Fund distributions to repay payments made under the CMS Accelerated and Advance Payment (AAP) Program.

As a result of COVID-19 restrictions limiting in-person dining and shopping, many restaurants and shops are offering customers the opportunity to receive food and goods via delivery. Whether you are a traditional restaurant offering delivery (such as pizza, sandwiches or other carry-out), or new to the delivery scene because of COVID-19 ...

by Jordan M. White

With election day fast approaching, employers would be well-served to take a moment and review Kentucky law regarding employees’ voting rights. Under Kentucky law, and more specifically KRS § 118.035, employers are required to allow their employees “a reasonable time, but not less than four (4) hours” to cast his/her vote ...

On September 29, 2020, the Kentucky Department of Public Health released a COVID-19 Aerosol Exposure Consensus Statement:  “Until scientific understanding recommends otherwise, it is the consensus opinion and statewide guidance agreed upon by the Kentucky Commissioner for Public Health and the state’s 61 local health department ...

On September 28, 2020, the Kentucky Department of Public Health released guidance to providers regarding interpretation of results from point-of-care antigen tests:

  • A positive result in an individual with symptoms consistent with COVID-19 or with history of specific exposure to COVID-19 provides presumptive laboratory evidence and the ...

On October 8, 2020, the Centers for Medicare & Medicaid Services (CMS) announced amended terms for repayments of loans issued under the Accelerated and Advance Payment Programs during the COVID-19 pandemic.  As reported last week, a new short-term spending bill, the Continuing Appropriations Act, 2021 and Other Extensions Act  extended the ...

On October 6, 2020, the Department of Health and Human Services (HHS) announced that starting October 7, hospitals will have 14 weeks to comply with federal COVID-19 data-reporting requirements.  This timeline follows the interim final rule published on September 2 that requires all Medicare and Medicaid-certified hospitals to provide daily ...

As we reported last week, the Centers for Medicare & Medicaid Services (CMS) confirmed that it had delayed recouping Medicare Accelerated and Advance Payment Program loans made to providers under the CARES Act to allow more time for Congress to negotiate the repayment terms of those loans.  On September 30, a short-term spending bill was signed ...

On October 1, Kentucky Governor Andy Beshear and Kentucky Public Health issued Guidance for Celebrating Halloween designed to curb the spread of COVID-19.  This document provides guidance for parents and guardians, community members, and operators of events and attractions on ways to lower risks and, if trick-or-treating is permitted, tips ...

On October 1, 2020, the Department of Health and Human Services (HHS) announced that an additional $20 billion in funding will be available for providers fighting the COVID-19 pandemic.  Providers who have already received Provider Relief Funds may apply, as well as newly-practicing providers and an expanded group of behavioral health ...

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