On March 11, 2020, during the height of the COVID-19 global pandemic, Governor John Bel Edwards declared a public health emergency for the State of Louisiana pursuant to the Louisiana Health Emergency Powers Act, La. R.S. 29:760 et seq. This is not the first time the Governor has declared a public health emergency for
CMS Updated Emergency Declaration Blanket Waivers for Healthcare Providers
The Centers for Medicare and Medicaid Services (“CMS”) has issued additional blanket waivers retroactive to March 1, 2020 through the end of the emergency declaration to help healthcare providers contain the spread of COVID-19. The updated waivers were released on April 29, 2020 and are an update from those issued on April 21, 2020. The
The Louisiana Department of Health Updates Order on Procedures and Healthcare Services Effective April 27, 2020
On April 20, 2020, the Louisiana Department of Health (“LDH”) Office of Public Health issued Healthcare Facility Notice/Order Notice #2020-COVID 19-ALL-10 (“Notice-10”) which supersedes prior notices and lifts some of the restrictions on medical, surgical and dental procedures as well as other healthcare services beginning on April 27, 2020. All licensed healthcare facilities and professionals
New CMS Waivers for Stark Law, NCD, LCD and Supervision Requirements During Public Health Emergency
Physicians enrolled in Medicare are all-to-familiar with the constraints of the Stark Law which prohibits physicians from making referrals for designated health services (“DHS”) payable by Medicare when the physician (or immediate family member) has a financial relationship with the entity performing the DHS. On March 30, 2020, CMS announced a number of Stark Law
U.S. Dept. of Health and Human Services Makes it Illegal to Hoard Certain PPE, Ventilators and Sanitizing/Disinfecting Products
On Monday, March 30, 2020 the U.S. Department of Health and Human Services (DHHS) issued a notice in the Federal Register declaring certain goods as “scarce,” which means it is illegal to hoard those items. The DHHS is acting under authority granted by President Trump under the Defense Production Act of 1950 (the “Act”).[1]
CMS Expands Medicare Telehealth Benefits During Public Health Emergency
CMS has expanded Medicare telehealth benefits on a temporary and emergency basis pursuant to the Coronavirus Preparedness and Response Supplemental Appropriations Act. Starting March 6, 2020, Medicare will pay for office, hospital, and other visits furnished via telehealth provided by doctors, nurse practitioners, clinical psychologists, and licensed clinical social workers. The HHS Office of Inspector
HIPAA Privacy Rule Regulatory Response to COVID-19
The COVID-19 pandemic is reshaping many areas of law and regulation as businesses grapple with maintaining compliance, while also responding to the fluid needs of their clients and employees. In an effort to ease the regulatory burden on businesses, certain government agencies have made announcements that their offices will exercise discretion or waive certain noncompliance
Comments on Social Media Could be Costly Under HIPAA
The U.S. Department of Health and Human Services, Office of Civil Rights (“OCR”), announced on October 2, 2019, that it had entered into a settlement with a private dental practice that had violated the HIPAA Privacy Rule by posting patient protected health information (“PHI”) on Yelp. The OCR received a complaint in 2016 from a
Who You Affiliate with Could Jeopardize Your Medicare Enrollment
On September 10, 2019, the Centers for Medicare and Medicaid Services (“CMS”) published a Final Rule in the Federal Register which will require Medicare, Medicaid, and Children’s Health Insurance Program (“CHIP”) providers and suppliers to disclose current and previous affiliations with other providers and suppliers who CMS identifies as posing an undue risk of fraud,
Telemedicine Help is on the Way for Louisiana Patients on Vacay
In December of 2018, the Louisiana State Board of Medical Examiners (“The Board”), approved adoption of an amendment to the rules governing the practice of telemedicine. The Board published a Notice of Intent for the amendment in April of 2019 in the Louisiana register with the amended Rule becoming final on August 20, 2019. Prior