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 ...

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

Alexander S. Rusek — Wed, 17 Apr 2024 09:00:03 -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.

HIPAA Disclosures of Protected Health Information after Dobbs v. Jackson Women's Health Organization: Foster Swift Highlights Navigating Michigan and Federal Law

Lindsey Mead (Summer Associate) — Tue, 19 Jul 2022 09:00:04 -0400

After the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade on June 24, 2022, the Department of Health and Human Services (“HHS”) was tasked with responding to how the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) would be affected. Particularly, HHS’s Office for Civil Rights has released guidance regarding how the HIPAA Privacy Rule may or may not permit disclosure of an individual’s sexual and reproductive health information without express authorization from the patient.

CMS Guidance Ends Waivers for COVID-19

Fri, 15 Apr 2022 09:00:05 -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 09:00:06 -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 09:00:07 -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 09:00:08 -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 09:00:09 -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.

Significant Changes to Stark Law and Anti-Kickback Statute Finalized

Julie LaVille Hamlet — Tue, 12 Jan 2021 09:00:10 -0500

The U.S. Department of Health and Human Services (“HHS”) recently issued two highly-anticipated final rules (collectively, the “Final Rule”) to modernize and clarify the regulations that interpret the Physician Self-Referral Statute (“Stark”) and the Anti-Kickback Statute (“AKS”). According to HHS, the Final Rule was intended to provide greater flexibility for healthcare providers to participate in value-based arrangements, ease unnecessary compliance burdens, and maintain safeguards to protect patients and Federal healthcare programs from fraud and abuse. The Final Rule will become effective on January 19, 2021.

Residential Care Facilities Must Comply with Recent MDHHS Emergency Order

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Thu, 08 Oct 2020 09:00:11 -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).

MDHHS Issues Guidance on Patient Care for Michigan Health Care Providers

Jennifer B. Van Regenmorter — Thu, 07 May 2020 09:00:12 -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 09:00:13 -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 09:00:14 -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.

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

Wed, 15 Apr 2020 09:00:15 -0400

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.

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

Jennifer B. Van Regenmorter — Tue, 07 Apr 2020 09:00:16 -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 09:00:17 -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 09:00:18 -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.

Two Emergency Orders Affecting Health Care Services Related to COVID-19

Mon, 30 Mar 2020 09:00:19 -0400

On March 29, Governor Whitmer signed two emergency executive orders in response to the urgent need for help from as many health care professionals as possible in dealing with the COVID-19 pandemic.

The Workers' Compensation Issues Raised by Coronavirus Pandemic and Michigan's Newly Promulgated Emergency Rules for "First Response Employees"

Michael A. Cassar — Mon, 23 Mar 2020 09:00:20 -0400

The Current Context

The novel Coronavirus (“COVID-19”), now classified as a full blown pandemic by the World Health Organization, is projected to continue spreading across Michigan and the United States over the next few months. In less than a month, the global number of confirmed COVID-19 cases has tripled from about 75,000 cases on February 20, 2020, to more than a quarter million cases as of Friday, March 20.