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Showing 102 posts in Health Care Reform.

CMS Guidance Ends Waivers for COVID-19

Doctor Holding FilesOn 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. Read More ›

Categories: Alerts and Updates, Health Care Reform, Hospitals, Medicare, Medicare/Medicaid

Update to CMS Guidance on Shared Health Care Facilities

Doctor Video Call MeetingThe 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. Read More ›

Categories: Health Care Reform, Hospice, Hospitals, Medicaid Planning, Medicare, Medicare/Medicaid

Licensing Flexibility Codified through SB 759

Man on Leg RehabilitationOn 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. Read More ›

Categories: Alerts and Updates, Health Care Reform, Licensing, News

Impact of Biden's EO on Healthcare Industry

Prescriptions on Pharmacy ShelfOn 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. Read More ›

Categories: Health Care Reform

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

Visitor with Elderly WomanOn 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. Read More ›

Categories: Alerts and Updates, Health Care Reform, Hospice, Long-Term Care, News

Significant Changes to Stark Law and Anti-Kickback Statute Finalized

Gavel and StethoscopeThe 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. Read More ›

Categories: Alerts and Updates, Health Care Reform

Residential Care Facilities Must Comply with Recent MDHHS Emergency Order

Assisted LivingOn 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). Read More ›

Categories: Alerts and Updates, Compliance, Health Care Reform, Legislative Updates, Long-Term Care, News

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

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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.