Emily Lineweaver is a member of the Firm's Health Care Service team and concentrates her practice in the areas of health care and related litigation.
Professional Experience
- Intern for the Honorable Magistrate Judge Colin H ...
By: Emily H. Lineweaver
On Friday, July 15th, the U.S. Department of Health and Human Services (HHS) renewed the COVID-19 Public Health Emergency (PHE), thereby extending the PHE through October 13, 2022. Among other things, the extension allows for many Americans to continue to have access to free COVID-19 testing, therapeutic treatment and ...
By: Emily H. Lineweaver
On April 20, 2022, the Department of Justice (DOJ) announced it had brought criminal charges against 21 defendants in nine different federal district courts alleging participation in various health care related fraud schemes that exploited the COVID-19 pandemic.
Some defendants are accused of offering COVID-19 tests ...
By: Emily H. Lineweaver
On April 14, 2022, the U.S. Food and Drug Administration (FDA) issued an emergency use authorization (EUA) for InspectIR COVID-19 Breathalyzer, the first COVID-19 diagnostic test that detects the chemical compounds associated with a SARS-CoV-2 infection in an individual’s breath. The InspectIR COVID-19 ...
By: Emily H. Lineweaver
On April 4, 2022, the U.S. Department of Health and Human Services (HHS) announced that those enrolled in Medicare Part B, including those enrolled in a Medicare Advantage Plan, can now access over-the-counter COVID-19 tests that have been approved, authorized or cleared by the Food and Drug Administration (FDA), at no ...
By: Emily H. Lineweaver
On April 12, 2022, the U.S. Department of Health and Human Services (HHS) announced that the COVID-19 public health emergency will be extended another ninety (90) days, effective April 16, 2022, the day it was set to expire. The extension allows certain programs to continue that were implemented under the powers granted to ...
By: Emily H. Lineweaver
On April 7, 2022, the Centers for Medicare & Medicaid Services (CMS) announced it was phasing out certain temporary emergency declaration blanket waivers that had been in effect during the COVID-19 Public Health Emergency (PHE). This announcement pertains to specific blanket waivers for skilled nursing ...
By: Emily H. Lineweaver
According to a Bloomberg Law report, the Health Resources and Services Administration (HRSA) plans to reopen the Provider Relief Payment Fund (PRF) Phase One reporting period, giving providers that received over $10,000 in PRF payments during Phase One another chance at reporting use of those funds before owing it all back.
By: Emily H. Lineweaver
According to an ABC report, free COVID-19 testing options for uninsured Americans are dwindling, with free vaccines likely at risk next, due to a lack of sufficient funding that is forcing some companies “to either absorb the cost of uninsured customers – or begin charging them.”
Quest Diagnostics told ABC News ...
By: Emily H. Lineweaver
As reported by Bloomberg Law, the Department of Health and Human Services (HHS) is clawing back $100 million in funds from health care providers who did not comply with the reporting requirements attached to the Provider Relief Fund (PRF) payments they received to assist them in combatting the COVID-19 pandemic. According ...
By: Emily H. Lineweaver
On March 29, 2022, the U.S. Food and Drug Administration (FDA) authorized a second booster dose of either the Pfizer-BioNTech or Moderna COVID-19 vaccine for two select groups of individuals: (i) those 50 years of age and older; and (ii) those 12 years of age and older who are immunocompromised, which is defined as “people ...
By: Emily H. Lineweaver
On Tuesday, March 22, 2022, the Department of Health and Human Services (HHS) announced that more than $413 million in Provider Relief Fund (PRF) payments had been distributed to over 3,600 providers across the country. As part of the fourth round of PRF Phase 4 payments, these payments will “reimburse smaller providers for ...
By: Emily H. Lineweaver
On Monday, March 21, 2022, the Kentucky Legislature voted to override Governor Andy Beshear’s Veto of Senate Joint Resolution 150 (the “Resolution”), effectively ending the state declaration of emergency relating to COVID-19 issued by Governor Beshear over two years ago. The state of emergency was set to end on ...
By: Emily H. Lineweaver
As part of President Biden’s National COVID-19 Preparedness Plan aimed at helping Americans move forward from the pandemic safely, the Biden Administration has launched the Test to Treat initiative, which became effective March 7, 2022.
Through the initiative, those who test positive for COVID-19 and are deemed ...
By: Emily H. Lineweaver
On March 10, 2022, Deputy Attorney General Lisa O. Monaco announced that Associate Deputy Attorney General Kevin Chambers will serve as the Director of the COVID-19 Fraud Enforcement Task Force, which was created to identify and prosecute fraud related to the roughly $6 trillion in federal aid that Congress made ...
By: Emily H. Lineweaver
On February 18, 2022, President Biden announced he is extending the national emergency concerning the COVID-19 pandemic. As reported previously, it was set to expire on March 1, 2022, but with President Biden’s announcement, it will now extend beyond March 1, 2022.
In his letter to Congress providing notice of the ...
By: Emily H. Lineweaver
On February 14, 2022, the Department of Health and Human Services (HHS) announced it has awarded nearly $55 million to 29 Health Resources and Services Administration (HRSA)-funded health centers. This award of funds is in response to the significant growth in virtual visits reported by health centers and fueled by the ...
By: Emily H. Lineweaver
A report by Modern Healthcare asserts that the Provider Relief Fund (PRF), a program promulgated by the Health Resources and Services Administration that provides reimbursement to qualified healthcare providers for healthcare related expenses or lost revenues due to COVID-19, is expected to run out of money by the spring ...
By: Emily H. Lineweaver
The Centers for Medicare & Medicaid Services (CMS) announced on February 3, 2022 that those enrolled in either Original Medicare or Medicare Advantage will be able to get free over-the-counter COVID-19 tests. Over-the-counter tests that have been approved or authorized by the Food and Drug Administration (FDA) will be ...
By: Emily H. Lineweaver
The U.S. Department of Health and Human Services (HHS) announced on January 20, 2022 it has awarded $103 million to 45 grantees “to improve the retention in healthcare workers and help respond to the nation’s critical staffing needs by reducing burnout and promoting health and wellness among their healthcare ...
By: Emily H. Lineweaver
The U.S. Department of Health and Human Services (HHS) announced on January 25, 2022 that it is distributing more than $2 billion in Provider Relief Funds (PRF) to more than 7,600 healthcare providers across the country this week. This is part of the Phase 4 General Distribution of PRF payments, bringing the total payments ...
By: Emily H. Lineweaver
The U.S. Department of Health and Human Services (HHS) announced it will be performing a nationwide audit of hospitals that received funding from the Provider Relief Fund (PRF) to determine if hospitals complied with the balance billing requirement under the PRF’s terms and conditions. The PRF payments were intended ...
By: Emily H. Lineweaver
On January 14, 2022, the Department of Health and Human Services' (HHS) Secretary Xavier Becerra extended the COVID-19 public health emergency (PHE), effective January 16, 2022, for another 90 days. This comes after the American Hospital Association (AHA) urged the Secretary to do so, as we previously reported here. AHA ...
By: Emily H. Lineweaver
On January 11, 2022, in a letter to the Department of Health and Human Services (HHS) Secretary Xavier Becerra, the American Hospital Association (AHA) pressed the Secretary to renew the COVID-19 public health emergency (PHE) declaration for at least another 90 days. It is set to expire on January 16, 2022. If the ...
By: Emily H. Lineweaver
On January 10, 2022, the Biden-Harris Administration, through the Centers for Medicare & Medicaid Services, issued a new policy mandating private insurance companies and group health plans cover the cost of at-home, rapid COVID-19 test kits beginning January 15, 2022. The program allows insurers to set up networks ...
By: Emily H. Lineweaver
On January 13, 2022, the Supreme Court of the United States lifted the stay on the Centers for Medicare & Medicaid Services (CMS) Omnibus Health Care Staff Vaccination rule that we previously reported here. As a result, healthcare providers in the 24 states covered by the decision, including Kentucky and Indiana, must now ...
By: Emily H. Lineweaver
On December 15, 2021, the United States Court of Appeals for the Fifth Circuit ordered a nationwide preliminary injunction that barred enforcement of the vaccine mandate for healthcare staff of Medicare and Medicaid-certified facilities be lifted for all states except the 14 plaintiff states named in the suit. The ...
By: Emily H. Lineweaver
The Centers for Medicare & Medicaid Services (CMS) announced on December 2, 2021 that “it has suspended activities related to the implementation and enforcement” of its Interim Final Rule (IFR) requiring health care staff in Medicare-and Medicaid-certified facilities to be fully vaccinated against COVID-19 by ...
By: Emily H. Lineweaver
Both the U.S. Food & Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) expanded booster eligibility on December 9, 2021 to include 16 and 17-year olds. The FDA amended the emergency use authorization for the Pfizer-BioNTech COVID-19 vaccine to now include authorization of a single ...
By: Emily H. Lineweaver
Governor Beshear declared a State of Emergency on December 9, 2021, addressing the nursing shortage across the Commonwealth, which the Governor said at his weekly news conference is “operating 12 to 20 percent short of needed nursing volume.” The emergency order, among other things, directs the Kentucky Board of ...
By: Emily H. Lineweaver
On November 12, 2021, the Centers for Medicare & Medicaid Services (CMS) updated its COVID-19 nursing home visitation policy to now allow visitation for all residents at all times. CMS noted that, during this Public Health Emergency, restrictions on full open visitation had been put in place because of the clinical health ...
By: Emily H. Lineweaver
In early 2020, in order to prevent the spread of COVID-19 during the Public Health Emergency, the Centers for Medicare & Medicaid Services (CMS) limited the number of onsite Medicare and Medicaid nursing home surveys. This created a backlog in facility complaint and recertification survey activity. The limited survey ...
By: Emily H. Lineweaver
In response to the Delta variant and the approaching holiday season, Governor Beshear issued an Executive Order on November 17, 2021, declaring that all individuals 18 years of age or older, living or working in the Commonwealth of Kentucky are now eligible to receive a booster dose of a COVID-19 vaccine. Following the ...
By: Emily H. Lineweaver
On November 9, 2021, the Federal Communications Commission (FCC) announced its approval of an additional $42.16 million in funding for 75 applicants in Round 2 of the FCC’s COVID-19 Telehealth Program. This announcement brings the total now awarded under the program to $166.13 million. Round 2 is a $249.95 million ...
By: Emily H. Lineweaver
As we previously reported, the Centers for Medicare & Medicaid Services (CMS) issued an emergency regulation effective November 5, 2021 mandating that all eligible staff of Medicare and Medicaid participating facilities receive the COVID-19 vaccine. Ten states have filed suit against the federal government in the ...