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Health care providers’ receipt of Coronavirus Aid, Relief, and Economic Security Act and Paycheck Protection Program and Health Care Enhancement Act funds creates significant areas of potential liability for providers as these programs continue to change and evolve. As an accompaniment to our full in-depth guide, this is an overview of tips that providers can employ to minimize the risk of such liability and shares concrete best practices for CARES Act and PPPHCEA-related funding compliance. Download Best Practices for CARES Act and PPPHCEA Compliance here. …
C19-15
CARES Act, Payroll Protection, and Medicare Advance Payment Programs This document was last updated on July 20, 2020 to reflect changes made by the Department of Health and Human Services to its existing guidance. In response to widespread cash flow issues resulting from the COVID-19 public health emergency, Congress enacted two key pieces of legislation: the CARES Act and the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCEA”). This guide details the compliance and oversight implications stemming from health care providers’ receipt of COVID-19-related grants and loans through the various CARES Act and PPPHCEA funding programs. The terms and…
On April 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued its Second Interim Final Rule in response to the COVID-19 pandemic, which includes additional regulatory waivers and rule changes. After reviewing comments to its First Interim Final Rule published on April 6, 2020, CMS is now attempting to provide even more flexibility to health care providers in furnishing services to combat the spread of COVID-19. To do so, CMS focuses on increasing access to hospital services and laboratory and diagnostic testing in settings that will allow individuals to receive the care without jeopardizing their health or the…
Less than a month after passing the $2.0 trillion Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”), Congress has passed and the President has signed a second round of aid (the Paycheck Protection Program and Health Care Enhancement Act, the “PPPHCEA”) that stakeholders in the health care industry can use to continue the fight against COVID-19 and stay in business until social distancing orders are loosened. Importantly, the PPPHCEA includes an infusion of an additional $75 billion to the Public Health and Social Services Emergency Fund (the “Provider Relief Fund”). Below we provide a summary of…
In yet another example of coronavirus-related regulatory dispensation, on March 30, 2020, CMS announced that it will waive penalties for violations of the Stark Law in regard to compensation relationships between physicians and entities, such as hospitals, to which they refer if “solely related to” the Covid-19 pandemic. In particular, the waiver applies, among other things, to: violations of FMV requirements in the services, space and equipment lease exceptions, medical staff incidental benefits in excess of the regulatory cap, non-monetary compensation to physicians that exceeds the regulatory cap, interest free or low interest loans, use of space by group practices…
An update to this alert can be found here. As hospitals, health systems and other health care providers across the country struggle to address the ongoing COVID-19 epidemic, Congress provided some much needed financial relief for the health care industry as part of the $2.0 trillion Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”) that was signed by the President at the end of last week. Under the new legislation, certain stakeholders in the health care industry are eligible to receive funding and other benefits depending on both the size and type of health care entity.…