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 ...

Understanding Michigan’s Corporate Practice of Medicine: Why It Matters and Common Traps to Avoid

Thomas W. Huyck — Thu, 30 Apr 2026 09:00:02 -0400

Many licensed professionals in Michigan including physicians, surgeons, dentists, and others, have heard the phrase “corporate practice of medicine,” often shortened to CPOM. Even fewer understand what it means, whether it applies to their profession, or when it becomes relevant.

CPOM issues tend to surface at specific moments such as when a practice seeks outside investors, contracts with a management company, or considers a sale or expansion. They also arise in multidisciplinary practices and, with increasing frequency, when a wellness ...

ICLE Institute Addresses Critical Issues in Health Care Law

Wed, 18 Mar 2026 09:00:03 -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 ...

Updates to the Confidentiality of Substance Use Disorder Patient Records Regulations

Julie LaVille Hamlet, Caroline Renner (Summer Associate) — Mon, 04 Jun 2018 09:00:04 -0400

Earlier this year, the Substance Abuse and Mental Health Services Administration (SAMHSA), a branch of the U.S. Department of Health and Human Services (HHS), finalized updates to the Confidentiality of Substance Use Disorder Patient Records regulation at 42 CFR Part 2 ("Part 2").

Update on Michigan’s New Requirements for Prescribing Controlled Substances

Thu, 10 May 2018 09:00:05 -0400

The Legislature has delayed the effective date of a key provision in the new controlled substance prescribing laws until March 31, 2019, or until the Michigan Department of Licensing and Regulatory Affairs (LARA) promulgates rules on the subject.

Michigan Adopts New Requirements for Controlled Substance Prescriptions

Mon, 22 Jan 2018 09:00:06 -0500

In response to growing concerns about misuse and abuse of opioid medications, Michigan has enacted three statutes amending the Public Health Code. The new statutes impose specific requirements on physicians, dentists, physician assistants, and nurse practitioners (“prescribers”) who prescribe controlled substances and on pharmacists who fill those prescriptions.

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

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 04 Dec 2017 09:00:07 -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.

Can a Non-Physician Own and Operate a Medical Facility in Michigan?

Julie LaVille Hamlet — Tue, 03 Oct 2017 09:00:08 -0400

An interesting case is winding its way through the Michigan Court of Appeals that involves the question of whether a layperson, as opposed to a licensed physician, can own a for-profit business that provides medical services.

CMS Extends Home Health Agency Enrollment Moratorium for Six Months

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 31 Jul 2017 09:00:09 -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 09:00:10 -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 09:00:11 -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 09:00:12 -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.

Obamacare Repeal and Replacement Plan- What does it mean for Employers?

Mindi M. Johnson — Thu, 16 Mar 2017 09:00:13 -0400

Late in the afternoon on March 6, two committees of the U.S. House of Representatives introduced legislation that would replace and repeal significant portions of the Patient Protection and Affordable Care Act, also known as the ACA or Obamacare. The new legislation, titled the American Health Care Act, addresses a number of key complaints that have been raised by employers since the ACA's implementation. Several provisions of the new legislation that are of particular interest to employers are described briefly below.

CMS Releases Final Rule Revising Conditions of Participation for Home Health Agencies

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 13 Feb 2017 09:00:14 -0500

On January 9, 2017, the Centers for Medicare & Medicaid Services (“CMS”) issued final rules that establish minimum standards for home health agencies (the “Rules”). According to CMS, the Rules are intended to improve the quality of health care services for Medicare and Medicaid patients and strengthen patients’ rights.

The Rules, which were published in the Federal Register on January 13, 2017, come more than two years after a draft proposal was introduced in October 2014. The Rules are mostly adopted as proposed, with a few clarifying changes. The Rules will become effective on July 13, 2017. This means agencies have less than six months to make changes necessary to comply with the revisions.

CMS Announces New Conditions of Participation for Long-Term Care Facilities

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Tue, 06 Dec 2016 09:00:15 -0500

Recently, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule (“Final Rule”) updating the Medicare Conditions of Participation (“CoPs”) for long-term care (“LTC”) facilities. It is the first time in over 15 years that substantial LTC CoP revisions have been released.

LTC facilities affected by the Final Rule include skilled nursing facilities for Medicare and nursing facilities for Medicaid, or those facilities that are duly certified. The Final Rule took effect on November 28, 2016, however CMS has planned for a phased implementation. LTC providers must complete the three implementation phases by November 28 in the years 2016, 2017 and 2018, respectively. CMS has estimated that the costs of compliance will be $62,900 in the first phase of implementation, and $55,000 per year for phases two and three.

Quality versus Quantity Transformation in Healthcare Picks Up Pace as CMS Issues New Rules

Julie LaVille Hamlet — Thu, 25 Aug 2016 09:00:16 -0400

The march to transform Medicare from a quantity-based to a value-based system continues unabated - and the pace is quickening. Over the past several months, the Centers for Medicare & Medicaid Services (“CMS”) issued several final rules to update certain Medicare reimbursement rates and quality reporting requirements that impact vast numbers of healthcare providers.

CMS Expands Temporary Home Health Agency Enrollment Moratorium to all of Michigan

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Tue, 09 Aug 2016 09:00:17 -0400

The Centers for Medicare & Medicaid Services ("CMS") recently announced the statewide expansion of its temporary moratorium on the Medicare enrollment of new home health agencies ("HHAs"), subunits, and branch locations in Michigan. As a result of the moratorium expansion, effective as of July 29, 2016, new HHAs in Michigan are precluded from enrolling in Medicare until the moratorium is lifted. The temporary moratorium also precludes the Medicare enrollment of new HHAs in Florida, Illinois, and Texas.

CMS Issues Proposed Provider-Based Status Rules

Fri, 29 Jul 2016 09:00:18 -0400

On July 6, 2016, the Centers for Medicare & Medicaid Services ("CMS") released the 2017 Outpatient Prospective Payment System ("OPPS") Proposed Rule (the "Proposed Rule"). The Proposed Rule explains how CMS plans to implement Section 603 of the Bipartisan Budget Act of 2015 ("Section 603"), which established a new site neutral payment policy for certain off-campus hospital outpatient departments.

Section 603 provides that, as of January 1, 2017, certain items and services provided by off-campus hospital outpatient departments will no longer be reimbursed under the more favorable OPPS, and will instead be paid under another "applicable payment system."

OCR Begins Phase 2 Audit Program of Covered Entities and Business Associates

Mindi M. Johnson — Tue, 05 Jul 2016 09:00:19 -0400

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently announced that it has begun Phase 2 of its HIPAA audit program. This audit phase will impact covered entities and their business associates.

HHS Issues Final Rule Implementing ACA Nondiscrimination Provisions

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Thu, 30 Jun 2016 09:00:20 -0400

The U.S. Department of Health & Human Services ("HHS") recently issued a final rule that implements the nondiscrimination provisions under Section 1557 of the Affordable Care Act (the "Final Rule"). The Final Rule becomes effective July 18, 2016.