Healthcare Providers

On October 1, 2020 the Department of Health and Human Services (“HHS”) announced that it will distribute a total of $20 billion as part of Phase 3 of the Provider Relief Funds. The application for Phase 3 funding is now open and will be available from October 5 – November 6, 2020. However, HHS has urged providers to apply early, which may be an indication that the funds will be available on a first-come first-serve basis.

Below are some key details regarding Phase 3:

In June of 2020, Husch Blackwell alerted non-profit healthcare organizations and higher education institutions of the availability of FEMA Public Assistance (PA) Program disaster relief funds pursuant to then published FEMA Guidance.  We have been assisting clients with navigation of their FEMA fund requests, and due to newly published Guidance, we recommend that such organizations closely evaluate potential claims depending upon when the expenses arise to understand which guidance applies.

On September 19, 2020, the U.S. Department of Health and Human Services (HHS) released long-awaited details about upcoming reporting requirements for certain providers that accepted funding of one or more payments exceeding $10,000 from the Provider Relief Fund (PRF). Key aspects of HHS’ new PRF reporting guidance are summarized in today’s legal alert.

Please join Husch Blackwell as we go virtual with our Health Law Conference. The series will include a range of important topics relevant to the healthcare industry. The webinar programs will be offered every Thursday from October 1 through November 19.

Our first session will include a panel discussion on a potential COVID-19 vaccine. The

In late July 2020, the U.S. Department of Health and Human Services (HHS) issued a public notice about forthcoming reporting requirements for certain providers that accepted funding of one or more payments exceeding $10,000 from the Provider Relief Fund (PRF). The reporting notice initially advised recipients that additional details would be provided by August 17, 2020. However, the release date has been delayed.

On August 17, 2020, Tennessee Governor Bill Lee signed the Tennessee COVID-19 Recovery Act into law.  The Act provides expansive protection to individuals and businesses from claims arising from COVID-19 unless there is clear and convincing evidence of gross negligence or willful misconduct.  Health care professionals and facilities, businesses, non-profits, religious organizations, public institutions of higher learning, and all other individuals and legal entities are protected from liability under the Act.

In light of the public health emergency and the urgent need to help individuals and small employers experiencing economic hardship, CMS announced on August 4, 2020 that it has adopted a temporary policy to allow health plan issuers to offer premium credits for 2020 coverage. In its guidance, CMS encouraged states to adopt a similar

On July 16, 2020, Colorado Governor Jared Polis issued an Executive Order requiring masks to be worn in all public indoor spaces, with limited exceptions. Executive Order D 2020 138 went into effect at midnight on July 16 and remains in effect for 30 days unless extended. It mandates that individuals wear masks “when entering or moving within any Public Indoor Space.” Many employers had questions about the scope and reach of this requirement and in particular how it applies in office environments with conference rooms and cubicles.

The Healthy Families and Workplaces Act (HFWA) introduces changes to paid sick and family leave that will impact Colorado employers in potentially significant ways. Also, the new law codifies whistleblower protections for workers who raise concerns about workplace safety related to a public health emergency, potentially spawning a wave of future lawsuits.

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Recently, CMS changed its process for approving provider transactions structured as equity transfers – which in Medicare’s eyes is generally classified as a change of information (“CHOI”).  Previously, the process for approving such a transaction was for the provider to submit the applicable 855 Enrollment Application as CHOI to the provider’s assigned Medicare Administrative Contractor (“MAC”) and the MAC would then approve the CHOI.  With this prior process, a provider only needed MAC approval for CHOIs. The CMS Regional Office only reviewed initial enrollments and changes of ownership (“CHOWs”).