Centers for Medicare & Medicaid Services Archives

Biden Administration Takes Action to Improve Competition, Transparency and Quality for Hospitals and Nursing Homes

by Caroline Reignley, George Tzanetakos, Evie Atwater and Gregory Fosheim | Jul 14, 2022 | Employee Benefits, Health and Welfare Plans

The Centers for Medicare & Medicaid Services (CMS) recently published detailed databases summarizing changes of ownership of Medicare-enrolled hospitals and skilled nursing facilities (SNFs). The databases currently include information from 2016 to 2022, but the data will be updated and released quarterly. CMS also released the skilled nursing facility prospective payment system (SNF PPS) proposed rule (the Proposed Rule), including proposed updates to payment based on quality and value-based care measures.

Read more here.

Biden Administration Foreshadows Impending Nursing Home Quality Reforms

by Evie Atwater, George Tzanetakos and Gregory Fosheim | Apr 7, 2022 | Benefit Controversies, Digital Health, Employee Benefits, Employment, Health and Welfare Plans, Labor

On February 28, 2022, the White House issued a fact sheet outlining several efforts aimed to increase safety, accountability, oversight and transparency in the senior services industry (Fact Sheet). Although the Fact Sheet’s initiatives have not yet been implemented, President Biden reiterated his administration’s focus on nursing home reform during his March 1, 2022, State of the Union address. Accordingly, the efforts described in the Fact Sheet provide stakeholders with a peek into the regulatory crystal ball of the governmental efforts that may be forthcoming, either through new laws, regulatory action, policy changes, enforcement activities or subregulatory guidance.

Read more here.

COVID-19 Vaccine Exemptions as Easy as Copy and Paste

by Michelle S. Strowhiro | Mar 29, 2022 | Employee Benefits, Employment, Health and Welfare Plans

The federal government’s COVID-19 vaccine mandate has spurred an uptick in religious exemption requests. In this Politico article, McDermott Partner Michelle Strowhiro explains how some workers are copying and pasting exemption documents from anti-vaccine websites.

“The religious exemption is not a tough standard for a worker to submit,” Strowhiro said. “There can be a level of people making things up, unfortunately.”

Access the article.

Digital Health 2021 Year in Review

by McDermott Will & Emery | Mar 9, 2022 | Digital Health, Employee Benefits, Health and Welfare Plans, Privacy and Data Security

The continuation of the COVID-19 public health emergency (PHE) and consumer demand for digitally delivered healthcare not only necessitated the shift from in-person to virtual care, but also continued to drive interest, adoption, investment and transactions in digital health in 2021. Digital health funding in 2021 far surpassed 2020’s totals, with no signs of slowing down in 2022, and the potential permanence of some regulatory flexibilities beyond the PHE are charting a course for continued digital health growth in 2022 and beyond.

Access the report.

Saga and Legal Challenges Continue Despite Vaccine Requirement for Healthcare Workers

by Sandra M. DiVarco | Feb 23, 2022 | Employee Benefits, Employment, Health and Welfare Plans, Labor

The US Supreme Court’s January ruling allowing the Centers for Medicare & Medicaid Services to enforce its COVID-19 mandate is likely to continue to face challenges. Nevertheless, in this article published by the Health Care Compliance Association, McDermott Partner Sandra DiVarco said that the Supreme Court’s decision wasn’t a surprise.

“Many of [the CMS] providers may have slow-walked their compliance and now in theory need to be fully compliant,” DiVarco noted.

Access the article.

How Employers Can Determine COVID-19 Test Mandate Costs

by Dawn Peacock | Feb 14, 2022 | Employee Benefits, Health and Welfare Plans

Even though the US Supreme Court blocked the US Occupational Safety and Health Administration’s (OSHA) vaccinate-or-test mandate for most employers, there is still confusion around who covers the cost for employee COVID-19 tests. In this Law360 article, McDermott’s Dawn Peacock outlines what employers need to know.

Access the article.

Supreme Court OKs CMS Vaccine Mandate but Blocks OSHA Rule

by Abigail M. Kagan, Michelle S. Strowhiro, Sandra M. DiVarco, Kristen O'Brien and Lindsay Ditlow | Jan 18, 2022 | Employee Benefits, Employment, Health and Welfare Plans, Labor

On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary:

A 5-4 Court majority let the Centers for Medicare & Medicaid Services (CMS) enforce its vaccine mandate nationwide, impacting specified healthcare facilities.

A 6-3 majority blocked the US Occupational Safety and Health Administration (OSHA) from enforcing its vax-or-test Emergency Temporary Standard (ETS) applicable to large employers.

The third federal vaccine rule—the federal contractor vaccine mandate—remains subject to multiple legal challenges and, at this time, the government is blocked from enforcing the mandate nationwide. The Court has not yet weighed in on this mandate.

Read more here.

‘Very Fluid Situation’ as Courts Halt COVID Vaccination Rules for Healthcare Providers

by Sandra M. DiVarco | Dec 16, 2021 | Employee Benefits, Employment, Health and Welfare Plans

While the fate of the Centers for Medicare & Medicaid Services’ (CMS) November 5 vaccination mandate rests in the hands of the federal courts, experts say the potential loss of healthcare employees outweighs any of the mandate’s benefits. In this Health Care Compliance Association article, McDermott Partner Sandra M. DiVarco called the situation “bonkers.”

“Almost every hospital has so many unfilled positions, and they are concerned even a small amount of forced terminations will impact their ability to staff and risk burnout in the staff they have,” DiVarco said.

Access the article (page 3).

Whistleblowers, Fears of Losing Funds Key to Enforcing US Vaccine Rules

by Sandra M. DiVarco | Nov 17, 2021 | Employment, Health and Welfare Plans, Labor

Even though the US Court of Appeals for the Fifth Circuit temporarily blocked the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccination rule for employers (though not for the healthcare sector), businesses should continue preparing for important OSHA deadlines.

According to this Reuters article, workplace whistleblowers and fears of disappearing federal funds will likely help with vaccination mandates within businesses, hospitals and nursing homes. However, OSHA is unlikely to demand proof from every healthcare provider of vaccination and testing protocols. The Centers for Medicare & Medicaid Services (CMS) also typically does not survey accredited healthcare providers unless there is a complaint or a need for recertification, McDermott Partner Sandra DiVarco noted.

“On a stakeholder call, CMS reiterated their desire to work with providers to come into compliance and not to sort of send SWAT teams to go out and look for problems,” DiVarco said.

Access the article.

CMS Addresses Virtual Care Expansion in CY 2022 Medicare Physician Fee Schedule Proposal

by Amanda Enyeart, Marshall E. Jackson, Jr., Lisa Schmitz Mazur and Dale C. Van Demark | Sep 15, 2021 | Employee Benefits, Health and Welfare Plans

The Centers for Medicare & Medicaid Services recently published its annual proposed changes to the Medicare Physician Fee Schedule, which include several key telehealth and other virtual care-related proposals. The proposals address long-standing restrictions that have historically limited the use of telehealth and virtual care, including geographic and originating site restrictions, and limitations on audio-only care, as well as coverage extensions for some services added during the COVID-19 public health emergency.

Read more here.

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