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Federal Assistance to Providers and Required Coverage of COVID-19 Testing by Insurers

COVID-19 TestingThis blog has since been updated with new information since its original publication. Due to rapidly changing laws and regulations surrounding COVID-19 matters, please consult your attorney and/or advisor for the latest information before taking any action.

The Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES) require insurers to cover diagnostic testing for COVID-19 without any cost-sharing or prior authorization requirements. The Trump Administration and Centers for Medicare and Medicaid recognize that financial barriers that deter individuals from receiving testing for COVID-19 must be eliminated, since testing is critical to slowing the spread of the virus. Read More ›

Categories: Employee Benefits, Health Care Reform, Medicaid Planning, Medicare/Medicaid

Extension of Health Care Facility Visitor Restrictions – Executive Order 2020-37

People Leaving HospitalOn April 5, 2020, Governor Whitmer issued Executive Order 2020-37 which extends restrictions on the entry of individuals into health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities. Previously, Executive Order 2020-07 prohibited visitors that were not necessary to the provision of medical care, to support the activities of daily living, or to exercise the power of attorney or court-appointed guardianship for an individual under the facility’s care from these facilities. Read More ›

Categories: Health Care Reform, Hospitals

CMS Implements Infection Control Surveys for Nursing Homes

Helping Senior in Nursing HomeNursing homes are potential hotspots where COVID-19 can quickly spread to vulnerable individuals. Life Care Center in Kirkland, Washington became the epicenter of the outbreak in Washington after the virus spread rapidly among residents. Life Care Center is not the only nursing home affected, as the CDC reported on March 23, 2020 that 147 nursing homes in 27 states have at least one COVID-19 positive patient. Recognizing the need to keep nursing home residents and healthcare workers safe, the Centers for Medicare and Medicaid Services has implemented an enhanced, focused inspection process for nursing homes to combat the spread of COVID-19. Read More ›

Categories: Health Care Reform, Medicare/Medicaid

Provider Requirements Waived by CMS due to COVID-19

Medicare FormIn response to COVID-19, the Centers for Medicare and Medicaid Services has issued blanket waivers of certain requirements so that hospitals and health care systems have the flexibility needed to manage potential surges. The waiver of these requirements is retroactively effective as of March 1, 2020 and lasts until the end of the emergency declaration for COVID-19. Read More ›

Categories: Health Care Reform, Hospitals, Medicare/Medicaid

Two Emergency Orders Affecting Health Care Services Related to COVID-19

patient in hospital bedOn March 29, Governor Whitmer signed two emergency executive orders in response to the urgent need for help from as many health care professionals as possible in dealing with the COVID-19 pandemic. Read More ›

Categories: Health Care Reform, Hospice, Hospitals

The Workers' Compensation Issues Raised by Coronavirus Pandemic and Michigan's Newly Promulgated Emergency Rules for "First Response Employees"

AmbulanceThe Current Context

The novel Coronavirus (“COVID-19”), now classified as a full blown pandemic by the World Health Organization, is projected to continue spreading across Michigan and the United States over the next few months. In less than a month, the global number of confirmed COVID-19 cases has tripled from about 75,000 cases on February 20, 2020, to more than a quarter million cases as of Friday, March 20.  Read More ›

Categories: Employment, Health Care Reform, Labor Relations, Workers' Compensation

CMS Releases Guidance on Shared Space Arrangements

Doctors and Patients TalkingLast year, the Centers for Medicare and Medicaid Services (“CMS”) issued long-anticipated draft guidance concerning shared space and co-location arrangements between hospitals and other providers. The guidance is meant to clarify how CMS and state agency surveyors will evaluate a hospital’s space sharing or contracted staff arrangements when assessing the hospital’s compliance with the Medicare Conditions of Participation (CoPs). Read More ›

Categories: Compliance, Health Care Reform, Hospitals, Medicare/Medicaid

LARA Issues Changes to Child Care Licensing Rules

Girl in WheelchairRecently, the Department of Licensing and Regulatory Affairs finalized changes to the licensing rules for Family and Group Child Care Homes and the licensing rules for Child Care Centers. The purpose of these changes is to maintain compliance with the recent amendments to the Child Care Organization Act and the new requirements of the federal Child Care and Development Block Grant. Read More ›

Categories: Health Care Reform, Licensing

CMS Publishes Final Rule to Modernize PACE Regulations

Gavel and StethoscopeOn May 28, 2019, the Centers for Medicare & Medicaid Services ("CMS") finalized a rule (the "Final Rule") to update and modernize requirements for the Programs of All-Inclusive Care for the Elderly ("PACE"). Read More ›

Categories: Health Care Reform, Medicare/Medicaid

Federal District Court Vacates New Association Health Plan Rules

On June 21, 2018, the U.S. Department of Labor (“DOL”) issued final regulations that expanded the availability of association health plans ("AHPs"). Those regulations (the "AHP Rules") were summarized in our previous blog article. An AHP is an arrangement that allows small businesses to band together to obtain healthcare coverage as if they were a single large employer. Read More ›

Categories: Department of Labor, Employee Benefits, Health Care Reform

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Best Lawyers® 2020

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2020 edition. Firm-wide, 42 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2020, click here.