As we look toward the end of a tumultuous year, it is incumbent on all those who are involved in the fight against COVID-19 to consider what was learned, acknowledge where efforts went wrong, celebrate collective achievements, and transition the provision of medicine to comport with the ever-changing needs of patients.» Read More

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

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

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

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

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:

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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

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 services.» Read More

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

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