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Virginia’s New Independent Contractor Laws: Implications for Health Care Providers

Introduction During the 2020 session, the Virginia General Assembly enacted several new laws addressing the evolving employer-worker relationship in a gig economy. Although the appropriate classification of workers as independent contractors versus e… Read More
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Categories: Client Advisory

CMS Releases Updated Guidance on Nursing Home Visitation

Introduction On September 17, 2020, CMS released updated guidance on visitation in nursing homes during the COVID-19 Public Health Emergency. This guidance supersedes all previous guidance CMS published on nursing home visitation. While previous guid… Read More
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Categories: Client Advisory

CMS “Breaks Through” Medicare Coverage Delay and Defines “Reasonable and Necessary” in Proposed Rule

Introduction On September 1, 2020, CMS published a new proposed rule that would create a streamlined Medicare coverage pathway for new and innovative medical devices that are deemed “breakthrough” by the Food and Drug Administration (“FDA”).… Read More
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CMS Imposes New Covid-19 Testing, Reporting, and Documentation Requirements—and Threats of Civil Money Penalties—on Nursing Facilities

Introduction A new emergency final rule with a comment period went into effect on September 2, 2020, making significant changes to the Infection Control Requirements for Participation for long-term care facilities. CMS has also published accompanying… Read More
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Categories: Client Advisory

Virginia Department of Labor and Industry Adopts First-in-Nation Emergency COVID-19 Workplace Standards

Virginia Department of Labor and Industry Adopts First-in-Nation Emergency COVID-19 Workplace Standards Introduction After much debate, the Safety and Health Codes Board of the Virginia Department of Labor and Industry (“DOLI”) passed, and Govern… Read More
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Categories: Client Advisory

HHS Final Rule Concerning Confidentiality of Substance Use Disorder Patient Records Adopted; CARES Act Changes to Follow

In August 2019, the Department of Health and Human Services (“HHS”) proposed a new rule that would amend provisions of 42 CFR Part 2 governing the confidentiality of substance use disorder patient records. Shortly thereafter, Mellette PC publishe… Read More
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Categories: Client Advisory

State Agency Guidance Evolves on Nursing and Assisted Living Facility Re-Opening

State Agency Guidance Evolves on Nursing and Assisted Living Facility Re-Opening As Virginia continues to progress through phased re-opening, Virginia long-term care facilities are balancing and considering the mental and physical health dangers pose… Read More
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Categories: Client Advisory

2020 Overhaul to COPN Results in Process Changes and Promises

Long awaited revisions to Virginia’s Certificate of Public Need (“COPN”) process take effect July 1, 2020. These revisions come after years of efforts by healthcare professionals, advocates, and health care plans to reform the process by which… Read More
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Categories: Client Advisory

CMS Pivots to Enforcement of Infection Control Deficiencies in Nursing Facilities

As the COVID-19 pandemic rages on and long-term care residents are at enhanced risk, infection control procedures and practices in nursing facilities are back under the microscope. As part of its renewed emphasis on proper infection control in nursin… Read More
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Categories: Client Advisory

CMS Releases Guidance to Re-Opening of Nursing Facilities

As states and localities begin the long process of re-opening, they need to be particularly cognizant of the unique challenges facing at risk locations like nursing facilities. With those challenges in mind, CMS recently released guidance and an acco… Read More
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Categories: Client Advisory

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