On October 29, 2020, the Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) announced that pursuant to credible information by HHS, the FBI, and the Cybersecurity and Infrastructure Security Agency (CISA), hospitals and healthcare providers are at an imminent risk of a cybersecurity attack.…
Wachler & Associates Health Law Blog
CMS Announces New Plan to Cover COVID-19 Vaccine Under Medicare
The Trump Administration is slated to announce a plan, in the next few days, to cover the COVID-19 vaccine (when it is approved) under Medicare and Medicaid. According to the Centers for Medicare & Medicaid Services (CMS), it is Congress’s intent that Medicare beneficiaries have access to the vaccine once…
Purdue Pharma Settles OxyContin Investigation
On October 21, 2020, Purdue Pharma pled guilty to three criminal charges as part of their $8 billion settlement surrounding the drug OxyContin, a drug that Purdue produced. The charges included: one count of conspiracy to defraud the United States and to violate the Food, Drug, and Cosmetic Act, and…
HHS Expands PRF Payment Use for “Lost Revenue” and Phase 3 Eligibility
On October 22, 2020, the Department of Health and Human Services (“HHS”) announced changes to the allowable uses of a Provider Relief Fund (“PRF”) payment and also expanded the categories of providers eligible to receive a payment in the Phase 3 General Distribution. The PRF is a $175 billion fund…
Medicare to Cut Payment for COVID-19 Testing That Takes More Than Two Days
Beginning January 21, 2021, only COVID-19 diagnostic tests that are completed within two days will be paid at the current rate by Medicare. Since the outbreak of the COVID-19 pandemic, diagnostic testing has been an important part of strategies to combat the virus. In an early push to expand COVID-19…
MACs Resuming Post-Payment Review
Medicare Administrative Contractor (“MAC”) CGS announced that beginning in October 2020, it would conduct post-payment reviews of hospice general inpatient (GIP) claims. Specifically, the reviews will be conducted if the claims were for 7 or more days of service, utilized revenue code 0656, and were submitted before March 1, 2020.…
White House will not Delay Hospital Price Transparency Requirements
Recently, the White House announced it will not postpone implementation of the hospital price transparency rule, set to take effect on January 1, 2021. Based on President Trump’s Executive Order on Improving Price and Quality Transparency in Healthcare, issued on June 24, 2019, CMS released the “Ambulatory Surgical Center (ASC)…
Hospitals Must Report COVID Data by December 9 or Risk Medicare/Medicaid Termination
On October 6, 2020, the Centers for Medicare & Medicaid Services (CMS) released guidance giving hospitals until December 9, 2020 to comply with COVID-19 reporting requirements or risk termination from the Medicare and Medicaid Programs. CMS also released reporting requirements for influenza data, which are currently optional but which CMS…
Provider Relief Fund Introduces Phase 3 General Distribution
At the beginning of the 2019 Novel Coronavirus (“COVID-19”) pandemic, Congress created the Provider Relief Fund (“PRF”) through the CARES Act in order to help providers who were financially impacted by COVID-19. In total, Congress approved $175 million for the PRF, to be distributed by the Department of Health and…
CMS Releases Proposed OPPS 2021 Rule
The Centers for Medicare & Medicaid Services (CMS) released the proposed Outpatient Prospective Payment System (OPPS) 2021 Rule on August 4th 2020. CMS uses the OPPS to decide the amount a hospital will receive for outpatient care for Medicare beneficiaries. Prior to the OPPS, payments for Medicare outpatient services were…