Need-to-Know Developments in Compliance, Investigations and White Collar Defense

We hope this alert finds you, your families and your colleagues healthy and safe in these challenging times. The professionals in Manatt’s investigations, compliance, strategic response and white collar defense practices stand ready to assist clients with the numerous issues likely to arise out of the COVID-19 crisis, including compliance programs to ensure that any […]

1135 Waivers in Action: Flexibilities, Limits and Next Steps for States and Providers

Take a Deep Dive into 1135 Waivers—including Existing Approvals, Limits on Future Action and Implications for Health Systems, Long-Term Care and State Medicaid Programs—in a New Manatt Webinar. Click Here to Register Free. On March 30, the Centers for Medicare & Medicaid Services (CMS) swept aside dozens of federal healthcare requirements using its emergency waiver authority under […]

You Are Not “A Loan”: How CRE Borrowers Should Approach Lenders With COVID-19-Related Issues

Date and Time Wednesday, April 8, 20201:00 p.m. – 1:30 p.m. PT4:00 p.m. – 4:30 p.m. ET RSVP Click here to register free. In today’s unsettled environment due to the COVID-19 pandemic, many commercial loan borrowers are currently trying to determine how to best navigate the challenges of an economic downturn. Join us for a 30-minute webinar featuring a […]

HHS Grants New Flexibility for Business Associates to Use PHI for Public Health and Health Oversight

By Robert D. Belfort, Partner, Manatt Health The Big Picture On April 2, the U.S. Department of Health and Human Services (HHS) issued a public notice (the Notice) stating that the department will not impose penalties under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) on business associates that use or disclose protected health information (PHI) for […]

Key Features of Section 1135 Waivers

The Big Picture In response to the national emergency created by COVID-19, Health and Human Services (HHS) Secretary Alex Azar issued a declaration on March 13, invoking his authority under Section 1135 of the Social Security Act (SSA) to waive or modify certain federal healthcare requirements.1 Since then, HHS and the Centers for Medicare & Medicaid Services (CMS) […]

Providers Gain Substantial Flexibility under New 1135 Waivers

The Big Picture On March 30, the Centers for Medicare & Medicaid Services (CMS) swept aside dozens of federal healthcare requirements using its emergency waiver authority under Section 1135 of the Social Security Act (SSA). These waivers addressing program requirements under Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP); Stark Law restrictions on physician self-referral; […]

CMS Issues Blanket Waivers of the Stark Law

On March 30, 2020, CMS issued blanket waivers of the Physician Self-Referral Law, also known as the Stark Law (Social Security Act Section 1877), effective as of March 1, 2020, related to referrals and financial arrangements for COVID-19 Purposes. The Stark Law and its implementing regulations prohibit physicians from referring Medicare patients for certain designated health services […]

When Can Hospitals Legally Divert Patients to Alternative Screening Sites?

As COVID-19 continues to spread, hospital emergency departments (EDs) must accommodate surges in patient demand while doing their utmost to mitigate the risk of contagion for both patients and practitioners. As clinicians and hospital administrators consider their options, they must be mindful of their obligations under the federal Emergency Medical Treatment & Labor Act (EMTALA), […]

Last Chance to Register: A Guide for Businesses to Obtain Paycheck Protection Loans Under the CARES Act

Date and time Thursday, April 2, 202010:00–10:30 a.m. PT1:00–1:30 p.m. ET Click here to register free. Due to the economic uncertainty and disruption caused by the COVID-19 outbreak, Congress has passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to provide relief for small businesses that are undergoing extreme challenges. The Act as passed includes relief […]

You’re Invited: COVID-19: The Road Ahead for Commercial Insurance | Thursday, April 23, 2020

Examine the Evolving Challenges That Lie Ahead for Healthcare Stakeholders and State Regulators—and What You Can Do Now to Prepare and Protect Your Organization—at a New Manatt Webinar. Click Here to Register Free. Effective health insurance coverage is key to combating COVID-19, enabling access to and payment for both testing and treatment. State regulators, health […]

COVID-19: Top 5 Challenges Facing Long-Term Care Providers

By Stephanie Anthony, Senior Advisor, Manatt Health | Randi Seigel, Partner, Manatt Health The nation’s nursing facilities, assisted-living facilities, inpatient rehabilitation facilities and home care providers—and their long-term care (LTC) workforce—are at the forefront of the COVID-19 crisis. Roughly 2.5 million seniors and other medically fragile Americans receive care in nursing facilities and other congregate care settings, while more than […]

Executive Summary: Tracking Telehealth Changes State by State in Response to COVID-19

As the coronavirus pandemic continues to spread across the United States, states, payers and providers are looking for ways to expand access to telehealth. Improving access to telehealth is an essential tool in ensuring patients are able to access the healthcare services they need in as safe a manner as is possible. In order to provide […]