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 ...

DHHS Revises and Clarifies Guidelines for Patients’ Informed Consent When Providing Sensitive Medical Care

Alexander S. Rusek — Wed, 17 Apr 2024 09:00:02 -0400

In recent years, Michigan has been home to two of the largest sexual abuse scandals involving doctors in history: the sexual abuse committed by Larry Nassar while employed by Michigan State University and the sexual abuse committed by Robert Anderson while employed by the University of Michigan. In both circumstances, the former doctors carried out their sexual abuse under the guise of medical procedures and without the informed consent of their targets. Michigan is not alone in being home to these types of sexual abuse scandals as similar acts have been alleged to have been committed by many other health care providers, such as Richard Strauss (Ohio State University), George Tyndall (University of Southern California), Derrick Todd (Bringham and Women’s Faulkner Hospital (Boston, MA)), Major Michael Stockin (United States Army), amongst others.

CMS Guidance Ends Waivers for COVID-19

Fri, 15 Apr 2022 09:00:03 -0400

On April 7, the Centers for Medicare & Medicaid Services (CMS) issued an update to the COVID-19 emergency declaration blanket waivers for specific providers. The memorandum, which was issued by the Director of the Quality, Safety & Oversight Group, details the numerous changes that will take place within 30 or 60 days of the memorandum’s publication.

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.

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

Jennifer B. Van Regenmorter — Wed, 29 Apr 2020 09:00:05 -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).

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

Wed, 15 Apr 2020 09:00:06 -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.

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.

CMS Implements Infection Control Surveys for Nursing Homes

Jennifer B. Van Regenmorter — Fri, 03 Apr 2020 09:00:07 -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 09:00:08 -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 09:00:09 -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).

CMS Publishes Final Rule to Modernize PACE Regulations

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Tue, 09 Jul 2019 09:00:10 -0400

On 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").

CMS Approves the Repeal and Replacement of the Michigan Health Insurance Claims Assessment (“HICA”) Tax

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 07 Jan 2019 09:00:11 -0500

The Michigan Health Insurance Claims Assessment (“HICA”) tax has been repealed, effective as of October 1, 2018. On June 11, 2018, Governor Snyder signed a series of bills repealing the HICA tax.

Skilled Nursing Facility and Hospice Contracts – Prime Time to Update

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 22 Oct 2018 09:00:12 -0400

Effective November 28, 2016, the Centers for Medicare and Medicaid Services published a final rule which revised the Medicare Conditions of Participation for Long-Term Care Facilities. There are three different phases of implementation.

MDHHS Issues New Guidelines for Programs of All-Inclusive Care for the Elderly (PACE) Organizations in Michigan

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Wed, 03 Jan 2018 09:00:13 -0500

Programs of All-Inclusive Care for the Elderly (PACE) organizations provide certain medical and social services to eligible individuals who meet the Long Term Care level of care criteria.

Hospice Provider Agrees to Pay $75 Million to Settle False Claims Act Lawsuit

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 04 Dec 2017 09:00:14 -0500

Chemed Corporation and various of its subsidiaries, including Vitas Hospice Services LLC and Vitas Healthcare Corporation (collectively “Vitas”), recently settled allegations brought by the federal government that Vitas violated the False Claims Act by submitting to Medicare false claims for hospice services.

OIG Report Could Trigger Increased CMS Oversight of Skilled Nursing Facilities

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 11 Sep 2017 09:00:15 -0400

The U.S. Department of Health & Human Services ("HHS") Office of Inspector General ("OIG") recently issued a preliminary report regarding quality-of-care concerns at skilled nursing facilities ("SNFs"). The report was issued in connection with the OIG's ongoing review of potential abuse and neglect of Medicare beneficiaries in SNFs.

OIG Recommends Audits of Meaningful Use Incentive Payments

Julie LaVille Hamlet — Tue, 29 Aug 2017 09:00:16 -0400

In order to encourage health providers to use electronic medical records (“EHRs”) in lieu of paper records, Congress passed the Medicare and Medicaid Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) in 2009.

CMS Extends Home Health Agency Enrollment Moratorium for Six Months

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 31 Jul 2017 09:00:17 -0400

The Centers for Medicare & Medicaid Services ("CMS") recently extended the temporary moratorium on the Medicare enrollment of new home health agencies ("HHAs"), subunits, and branch locations in Michigan.

CMS Delays Enforcement of Nursing Home Mega Rule

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Tue, 25 Jul 2017 09:00:18 -0400

The Centers for Medicare & Medicaid Services ("CMS") recently announced that they will delay enforcement penalties related to Phase 2 of their revised nursing home Requirements for Participation (commonly referred to in the industry as the "Mega Rule").

Top Health Care Trends in 2017-Part 1: Pricing and Reimbursement

Fri, 07 Jul 2017 09:00:19 -0400

For the past decade, health care has remained one of the most tumultuous and dynamic industries; uncertainty, along with opportunity, are likely to continue in 2017. This three-part series will discuss some of the most important health care trends. This section will focus on some of the largest factors affecting costs and reimbursement in health care: 1) MACRA Implementation; 2) Medicaid Reimbursement; 3) Shifting Payment Models; and 4) Drug Pricing.

CMS Releases 2018 Inpatient PPS Proposed Rule

Julie LaVille Hamlet — Tue, 06 Jun 2017 09:00:20 -0400

On April 14, 2017, the Centers for Medicare & Medicaid Services issued its 2018 Medicare Inpatient Prospective Payment System proposed rule (the “Proposed Rule”). The Proposed Rule was published in the Federal Register on April 28, 2017, and comments will be accepted through June 13, 2017.

The Proposed Rule suggests a number of changes that would affect hospital rates, inpatient quality reporting and readmissions reduction programs. Some of the most significant changes are highlighted below.