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Posts from May 2021.

Good news abounds for employers and employees alike!  The CDC, as well as Ohio and Kentucky, have relaxed masking and social distancing requirements for vaccinated workers in most settings.  Both Ohio and Kentucky have said that all emergency health orders related to Covid, with some exceptions, will be lifted in June.  OSHA, for its part, has said ...

By: Marianna J. Michael

On May 18, 2021, the Supreme Court of Kentucky issued what could be some of its last orders regarding COVID-19 and lifted many of the restrictions established during the course of the pandemic. The Court noted the changes are based on the decline of COVID-19 cases, hospitalizations and deaths in Kentucky as well as the ...

By: Michelle D. Wyrick

On May 13, 2021, the Centers for Disease Control (“CDC”) issued the welcome guidance that fully-vaccinated individuals[1] no longer need to wear masks or practice physical distancing except where required by federal, state, or local laws, including local business and workplace guidance, nor do they need to quarantine ...

On May 5, 2021, CMS announced that, effective March 1, 2020, where the following criteria are satisfied, Medicare will pay for ground ambulance services without a transport during the COVID-19 Public Health Emergency (PHE):

  • The ground ambulance service was furnished in response to a 911 call (or the equivalent in areas without a 911 call system); and

On May 12, 2021, Department of Health and Human Services (HHS) Secretary Xavier Becerra reported to the House Energy and Commerce Committee that HHS is considering extending the June 30 deadline for providers to use their distributions from the Provider Relief Fund created by the CARES Act in 2020. At the moment, HHS is looking at the issue ...

The Cabinet for Health and Family Services Department of Medicaid Services (DMS) is reinstating the ability of Medicaid Managed Care Organizations (MCOs) and Medicaid Fee-for-Service (FFS) to require prior authorization (PA)  for inpatient medical and surgical services, effective June 1, 2021.  DMS is also reinstating the ability to ...

On May 11, 2021, CMS announced a new Interim Rule that will require Long-Term Care (LTC) facilities and Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs-IID) to report weekly COVID-19 vaccination status data for both residents and staff. The report will be made to the CDC’s National Healthcare Safety Network

Effective May 6, 2021, Medicare increased its payment rates for administering monoclonal antibodies to treat beneficiaries with COVID-19.  The national average payment rate increased from $310 to $450 for most health care settings.  CMS announced that it also set a higher national payment rate of $750 when monoclonal antibodies are administered ...

On May 3, 2021, the Department of Health and Human Services (HHS) announced the launch of a new program that covers costs of administering COVID-19 vaccinations to patients enrolled in health plans that do not cover the cost of vaccination fees or cover them with patient cost-sharing. This program, called the COVID-19 Coverage Assistance Fund ...

On May 6, 2021, Kentucky Gov. Andy Beshear issued Executive Order 2021-312, clarifying that small groups of individuals are no longer mandated to wear facial coverings when indoors in a private business or home if all individuals present have received the final dose of a COVID-19 vaccine at least 14 days prior.  This order was effective May 6th at 5 p.m.

On May 5, 2021, the DOL effectively withdrew the Trump Administration’s independent contractor rule, continuing President Biden’s employee-friendly agenda in the Labor and Employment space. The much discussed “economic realities” test would have shifted the power balance towards employers by making it easier to classify workers ...

On April 27, 2021, President Biden issued an Executive Order raising the minimum wage to $15 for some federal contractors and subcontractors.  Starting January 30, 2022, all federal agencies must include a $15 minimum wage clause in new contract solicitations.  Federal agencies are expected to incorporate the increased wage clause into ...

By: Michelle D. Wyrick

The United States Department of Labor (“DOL”) has launched a new initiative named “Essential Workers, Essential Protections” that is designed to educate essential workers and their employers about laws that protect essential workers, including wage and hour laws.  Examples of essential workers include workers ...

Patent clients come from many different perspectives.  Our firm represents clients who own numerous patents and whose employees possess impressive knowledge about our patent system.  We also represent clients with no prior patents and very little practical experience with patenting.  This post is geared primarily to the latter group, providing ...

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