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Showing 16 posts by Caroline Renner.

HIPAA Compliance Considerations During the Pandemic

HIPAA Compliance COVIDAs health care providers continue to face new challenges relating to the COVID-19 pandemic, it is important for providers to maintain compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Although the Department of Health and Human Services Office for Civil Rights (“OCR”) has loosened some requirements to allow health care providers flexibility during the COVID-19 pandemic, a majority of the patient protections under the HIPAA Privacy Rule have remained intact. Read More ›

Categories: Compliance, Cybersecurity, Electronic Health Records, HIPAA

Extension of Visitor Restrictions for Health Care and Residential Care Facilities

Executive OrderOn July 23, 2020, Governor Whitmer issued Executive Order 2020-156, which extends the current restrictions limiting the visitors allowed at health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities. Executive Order 2020-136 and its predecessors initially imposed these restrictions on visitors permitted to such facilities. Executive Order 2020-156 extends the restrictions through August 31, 2020. Read More ›

Categories: Hospice, Hospitals

Scope of Practice, Delegation, and Supervision Requirements for Health Professionals Caring for COVID-19 Patients Reinstated

COVID TestingIn response to the improvements in hospitals’ and health care professionals’ capacity to care for COVID-19 patients, Governor Whitmer has rescinded Executive Order 2020-61, which temporarily suspended the scope of practice, supervision, and delegation restrictions for many health care providers during the initial surge of cases in March. Read More ›

Categories: Hospice, Hospitals, Licensing

Updates to Michigan Nursing Home COVID-19 Regulatory Requirements

Nursing HomeThrough Executive Order 2020-136, Governor Whitmer has extended the duration of restrictions on the entry of visitors into health care facilities and residential care facilities. These restrictions were originally imposed through Executive Order 2020-72 and extended through Executive Order 2020-108. Executive Order 2020-136 now extends the restrictions through July 24, 2020. Read More ›

Categories: Hospice, Hospitals

New Requirements for Hospital Discharge and Long-Term Care Facility Residents

Assisting ElderlyOn 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

Funding HealthcareThe 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 ›

Categories: Hospice, Hospitals, Medicare

MDHHS Issues Guidance on Patient Care for Michigan Health Care Providers

Virtual Health ScreeningOn 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

Coronavirus Health CareOn 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

Assisted LivingThis 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

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

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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:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.