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The Legal Diagnosis

Health Care and Life Sciences Law Blog

A law blog devoted to the legal implications for doctors, hospitals, and life science companies.

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Nov 19, 2020

CMS Establishes New Rules for Payment of COVID-19 Vaccine

On October 28, 2020, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with a comment period, the fourth such issuance during the COVID-19 public health emergency, in anticipation of vaccine availability in the near future. Effective immediately, these provisions will continue through the duration of the emergency.» Read More

Oct 23, 2020

HHS Modifies COVID-19 Provider Relief Fund Eligibility and Reporting Requirements

On Thursday, October 22, the United States Department of Health and Human Services (HHS) announced that the latest Provider Relief Fund (PRF) application period has been expanded to include additional provider applicants such as residential treatment facilities, chiropractors, and vision care providers who have not yet received PRF distributions.» Read More

Aug 28, 2020

CMS Establishes New COVID-19 Testing and Reporting Requirements

On August 25, 2020, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with comment period, which establishes new COVID-19 testing and reporting requirements for a variety of health care providers, including nursing facilities, clinical laboratories, and hospitals.» Read More

Aug 13, 2020

Federal District Court in New York State Overturns U.S. Department of Labor Regulations Concerning Sick Leave for Health Care Providers

In the immediate onset of the COVID-19 crisis, federal, state, and local governments implemented a wide swath of regulations intended to protect the health and financial wellbeing of employees and their loved ones. One such set of regulations, enacted by Congress in March 2020 and known as the Families First Coronavirus Response Act (“FFCRA”), generally provides expanded paid sick leave, free COVID-19 testing, and expanded unemployment benefits for workers.» Read More

Jul 28, 2020

OIG Work Plan Updates Related to COVID-19

The Office of Inspector General’s (OIG) Work Plan sets forth various projects including OIG audits and evaluations that are underway or planned to be addressed by the OIG during the fiscal year. The OIG updates its Work Plan monthly. The July 2020 Work Plan updates include six items directly related to the COVID-19 pandemic and includes the following:

» Read More

Jul 24, 2020

COVID-19 Testing and HIPAA Compliance

As COVID-19 swab (PCR) and blood (antibody) testing continue to occur in greater numbers and diverse settings, it is important to recognize that the results of such tests are subject to HIPAA privacy and security compliance rules. There is a common public misconception that the declaration of a public health emergency has created a broad exception for covered entities and business associates to use and share COVID-19 testing results.» Read More

Jul 16, 2020

Expanding Telehealth in a Post-COVID World

In response to the COVID-19 epidemic, federal and state governments implemented numerous and expansive regulatory changes to ensure patients were provided access to required testing and treatments. One of the more important (and ultimately successful) regulatory changes was the temporary expansion of telehealth servicesRead More

May 20, 2020

Resumption of Ambulatory Surgery Centers Elective Surgery and Invasive Procedures in New Jersey

On Friday, May 15, 2020, Gov. Murphy issued Executive Order 145, allowing physicians and dentists to resume elective surgeries and invasive procedures as of Tuesday, May 26. This is long-awaited news by both patients and doctors. However, before Ambulatory Surgery Centers (“ASCs”) start scheduling and performing elective procedures and surgeries, the ASC needs to comply with the directives of the New Jersey Department of Health.» Read More

May 20, 2020

Resumption of In-Office Elective Surgery and Invasive Procedures in New Jersey

On Friday, May 15, 2020, Gov. Murphy issued Executive Order 145, allowing physicians and dentists to resume elective surgeries and invasive procedures as of Tuesday, May 26. This is long-awaited news by both patients and doctors. However, before practices start scheduling and performing elective procedures and surgeries, they should ensure that the practice complies with the directives of the New Jersey Department of Health or the Division of Consumer Affairs, depending on where the procedure will be performed.» Read More

May 04, 2020

New Provider Relief Fund Application Portal Now Open

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress set aside $100 billion to reimburse health care providers for lost revenue and increased costs stemming from the coronavirus pandemic. These funds are being disbursed by the Health Resources Services Administration (HRSA) division of the Department of Health and Human Services (HHS).» Read More

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