The New Health Care Law Reform Bill & PPACA | Foster Swift

CMS Nationwide Moratorium on Home Health and Hospice Enrollment: What Existing Providers Need to Know

Jennifer B. Van Regenmorter, Badri Yono Jr. — Tue, 09 Jun 2026 09:00:01 -0400

In May 2026, the Centers for Medicare & Medicaid Services (CMS) implemented a nationwide six-month moratorium on new Medicare enrollments for home health agencies (HHAs) and hospices. The moratorium has raised immediate questions for providers and investors, particularly regarding whether ownership changes or restructuring transactions may be impacted.

1. Scope of the Moratorium

The moratorium, effective May 13, 2026, is aimed primarily at:

New Medicare enrollment applications for HHAs and hospices; and
Certain ownership transactions that require a new enrollment ...

ICLE Institute Addresses Critical Issues in Health Care Law

Wed, 18 Mar 2026 09:00:02 -0400

Foster Swift attorneys (left to right) Thomas Huyck, Alex Rusek, Jennifer Van Regenmorter, and Badri Yono attended the Institute of Continuing Legal Education's (ICLE) 31st Annual Health Law Institute Seminar in Livonia at Schoolcraft College on Thursday, March 12, 2026.

Co-sponsored by the Health Care Law Section of the State Bar of Michigan, this one-day event covered the latest key updates and critical issues for professionals in the ever-changing landscape of health care law.

Topics included: Current state and federal regulations, investment trends influencing health ...

Navigating IRS Scrutiny: Ensuring Compliance for Tax-Exempt Entities

Jennifer B. Van Regenmorter, Michael C. Zahrt — Mon, 05 May 2025 09:00:03 -0400

Healthcare executives are advised to consider the significance of a ruling issued in 2024 by the Internal Revenue Service (IRS) which revoked the tax-exempt status of a non-profit organization. In Private Letter Ruling* 202437007, the IRS determined that a non-profit organization had failed the “operational test” and revoked its tax-exempt status.

The entity in question had indicated no charitable activities or related expenses, leading the IRS to conclude that the organization was not operating exclusively for tax-exempt purposes.

Implications for Healthcare ...

Update to CMS Guidance on Shared Health Care Facilities

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Thu, 17 Feb 2022 09:00:04 -0500

The Centers for Medicare & Medicaid Services (CMS) have recently released updated guidance regarding hospital co-locations arrangements. After nearly two years of deliberations and revisions, the final Guidance for Hospital Co-location with Other Hospitals or Health Care Facilities (the “Final Guidance”) was released on November 12, 2021 and took effect immediately upon publication. The Final Guidance is meant to address how CMS and other state agency surveyors will evaluate how hospitals share their space, services, and staff.

Licensing Flexibility Codified through SB 759

Jennifer B. Van Regenmorter — Wed, 29 Dec 2021 09:00:05 -0500

On December 27, 2021, Governor Gretchen Whitmer signed Senate Bill 759 into law, which took effect immediately. SB 759 allows individuals without a license for the practice of a health profession to perform certain limited duties. For example, students in a health profession training program may perform duties assigned while training.

Impact of Biden's EO on Healthcare Industry

Jennifer B. Van Regenmorter — Thu, 19 Aug 2021 09:00:06 -0400

On July 9, 2021, President Biden issued an Executive Order (EO) on Promoting Competition in the American Economy where he seeks to address many facets of the American economy and promote a more competitive marketplace.

Update on Relaxed Visitation Restrictions and Implementation Requirements for Residential Care Facilities

Jennifer B. Van Regenmorter — Thu, 04 Mar 2021 09:00:07 -0500

On March 2, 2021, the Michigan Department of Health and Human Services (“MDHHS”) issued an Emergency Order that relaxes the visitation requirements for residential care facilities. The December 8, 2020 MDHHS Order involving residential care facilities was rescinded. The March 2, 2021 Order (the “Order”) became effective immediately.

Residential Care Facilities Must Comply with Recent MDHHS Emergency Order

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Thu, 08 Oct 2020 09:00:08 -0400

On October 6, 2020, the Michigan Department of Health and Human Services ("MDHHS") issued an emergency order (the "MDHHS Order") that retains many of the same requirements that apply to residential care facilities under the previously issued executive orders. As noted in a prior blog post, the Michigan Supreme Court recently held that Governor Whitmer did not have authority after April 30, 2020 to issue or renew any executive orders related to the COVID-19 pandemic. Most of the same requirements will continue to apply to residential care facilities under the MDHHS Order. The MDHHS Order became effective immediately, and will remain in effect through October 30, 2020 (and may be renewed through a subsequent order).

Extension of Visitor Restrictions for Health Care and Residential Care Facilities

Jennifer B. Van Regenmorter — Wed, 29 Jul 2020 09:00:09 -0400

On 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.

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

Jennifer B. Van Regenmorter — Wed, 15 Jul 2020 09:00:10 -0400

In 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.

Updates to Michigan Nursing Home COVID-19 Regulatory Requirements

Jennifer B. Van Regenmorter — Wed, 01 Jul 2020 09:00:11 -0400

Through 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.

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

Jennifer B. Van Regenmorter — Tue, 02 Jun 2020 09:00:12 -0400

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.

Provider Relief Fund: Changes in Calculation Result in Potential Overpayment

Jennifer B. Van Regenmorter, Michael C. Zahrt — Tue, 12 May 2020 09:00:13 -0400

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.

MDHHS Issues Guidance on Patient Care for Michigan Health Care Providers

Jennifer B. Van Regenmorter — Thu, 07 May 2020 09:00:14 -0400

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.

CMS Guidance for Home Health Agencies to Minimize Spread of COVID-19

Jennifer B. Van Regenmorter — Wed, 29 Apr 2020 09:00:15 -0400

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).

Reporting, Transfer, and Discharge of COVID-19 Affected Long Term Care Facility Residents

Jennifer B. Van Regenmorter — Fri, 17 Apr 2020 09:00:16 -0400

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.

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

Jennifer B. Van Regenmorter — Tue, 07 Apr 2020 09:00:17 -0400

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.

CMS Implements Infection Control Surveys for Nursing Homes

Jennifer B. Van Regenmorter — Fri, 03 Apr 2020 09:00:18 -0400

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.

Provider Requirements Waived by CMS due to COVID-19

Jennifer B. Van Regenmorter — Wed, 01 Apr 2020 09:00:19 -0400

In 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.

CMS Releases Guidance on Shared Space Arrangements

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Wed, 26 Feb 2020 09:00:20 -0500

Last 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).