Updated Protections for COVID-19 Response Employees: The Differences Between the Prior Emergency Rules and Recent Executive Orders
There have been nearly 70,000 confirmed or probable COVID-19 cases in Michigan. This figure includes over 6,150 deaths. While other areas of the country are experiencing significant increases in confirmed COVID-19 cases, Michigan appears to have flattened the curve for the time being. We are currently averaging around 250 new cases per day. Read More ›
Categories: COVID-19 and Workers' Compensation, Legislative Updates
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New Requirements for Hospital Discharge and Long-Term Care Facility Residents
On May 20, 2020, Governor Gretchen Whitmer issued Executive Order 2020-95, which updates precautionary and notification requirements for long-term care facilities to protect residents and employees from the spread of COVID-19. Executive Order 2020-95 rescinds Executive Order 2020-84, which provided initial protections for long-term care residents. “Long-term care facility” includes a nursing home, home for the aged, adult foster care facility, or assisted living facility. Read More ›
Categories: Hospice, Hospitals, Long-Term Care
Provider Relief Fund: Changes in Calculation Result in Potential Overpayment
The Provider Relief Fund was established through the Coronavirus Aid, Relief and Economic Security (CARES Act) to support health care providers facing lost revenue and increased expenses relating to COVID-19. Within the Provider Relief Fund, certain amounts are allocated for various types of providers. For example, there are specific allocations to hospitals, rural hospitals, and providers treating uninsured patients for COVID-19. Additionally, $50 billion was allocated for general distribution to providers. Of the $50 billion, the first $30 billion was quickly disbursed to facilities and providers who received Medicare fee-for-service reimbursements in 2019. The remaining $20 billion of the general distribution was distributed beginning on April 24, 2020. Read More ›
Are Death Benefits Owed When an Employee Dies after Contracting the Coronavirus?
The Context
There have been over 40,000 confirmed COVID-19 cases in Michigan. This figure includes over 4,000 deaths. We are currently averaging about 1,000 new cases and 100 new deaths per day. Fortunately, the curve is flattening and some areas of the state have seen decreases. Read More ›
Categories: COVID-19 and Workers' Compensation, Employee Benefits, Workers' Compensation
MDHHS Issues Guidance on Patient Care for Michigan Health Care Providers
On May 3, 2020, the Michigan Department of Health and Human Services (MDHHS) provided guidance on the best practices for continued compliance with Executive Order 2020-17. Executive Order 2020-17 implemented temporary restrictions on non-essential medical and dental procedures as of March 21, 2020. Executive Order 2020-17 required all hospitals, freestanding surgical outpatient facilities, dental facilities, and state operated outpatient facilities (collectively, “covered facilities”) to temporarily postpone all non-essential medical and dental procedures until the state of emergency in Michigan is lifted. Currently, the state of emergency is set to continue through May 28, 2020 under Executive Order 2020-68. Read More ›
Categories: Compliance, Health Care Reform, Hospice, Hospitals
CMS Guidance for Home Health Agencies to Minimize Spread of COVID-19
On April 23, 2020, the Centers for Medicare and Medicaid Services (CMS) updated its guidance on infection control and prevention of COVID-19 for Home Health Agencies (HHAs). CMS provided initial guidance on March 10, 2020, which addressed the concerns of COVID-19 and provided answers to practical questions impacting HHAs. In this update, CMS has expanded the COVID-19 guidance and regulations to apply to Religious Nonmedical Healthcare Institutions (RNHCIs). Read More ›
Categories: Health Care Reform, Medicare/Medicaid
Reporting, Transfer, and Discharge of COVID-19 Affected Long Term Care Facility Residents
This 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.
On April 15, 2020, Governor Gretchen Whitmer issued Executive Order 2020-50 which provides protection for residents of long-term care facilities and guidance on the reporting, discharge and transfer of COVID-19 patients. Long term care facility residents are particularly susceptible to the rapid spread of COVID-19. The enhanced restrictions and regulations of Executive Order 2020-50 aim to protect both residents and employees of long term care facilities from the virus, while ensuring residents receive the care they need. The restrictions of Executive Order 2020-50 currently continue through May 13, 2020. Read More ›
Categories: Health Care Reform, Hospitals, Long-Term Care
Federal Assistance to Providers and Required Coverage of COVID-19 Testing by Insurers
This 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
On 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
Nursing 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
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Best Lawyers® 2021
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 2021 edition. Firm-wide, 44 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:
- Gilbert M. Frimet, Southfield
- Richard C. Kraus, Lansing
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.