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EEOC Gives Employers a Jab: The Employer’s Right to Require Vaccinations and to Give Them

The United States Equal Employment Opportunity Commission (“EEOC”) has maintained published guidance on how the COVID-19 pandemic impacts existing US labors laws, particularly the Americans with Disabilities Act (“ADA”), Title VII of the Civi… Read More
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The LTC Jab: CMS Publishes New Interim Final Rule on COVID-19 Vaccination Requirements in Long-Term and Intermediate Care Facilities

On May 21, 2021, a new CMS Interim Final Rule went into effect that imposes COVID-19 vaccination requirements on Long-Term and Intermediate Care Facilities (LTCFs and ICFs-IID). This Client Advisory will address these new requirements and will highli… Read More
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The Beginning of the End? CMS Begins Ending Emergency COVID-19 Blanket Waivers

In response to the COVID-19 Public Health Emergency, CMS implemented blanket waivers to several regulations to allow nursing facilities the flexibility necessary to respond to the pandemic. As the pandemic begins to wane, CMS expects to roll the Soci… Read More
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Seven Year Regulatory Cycle: Revisions to the State Medical Facilities Plan for Cardiac Catheterization and Occupancy Standards for Nursing Home Beds Effective March 31, 2021

Revisions to the State Medical Facilities Plan (“SMFP”)—to be replaced over the next 2 years by the State Health Services Plan (“SHSP”)—took effect March 31, 2021. These revisions (1) implement new review criteria for cardiac catheterizat… Read More
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The Designated Support Person: A Different Kind of DSP

Introduction Governor Northam recently signed into law a statute that will require certain licensed medical facilities in Virginia to always allow “designated support persons” to visit and assist patients with disabilities. This statute will be e… Read More
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COVID-19 RESOURCES

Mellette PC is dedicated to keeping our clients abreast of the constant changes the health care landscape is currently undergoing in response to the COVID-19 pandemic. To that end please see the list of federal, state, and Mellette PC resources and a… Read More
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Final Rules Provide Medicare Patients and Physicians Greater Flexibility and Lower Costs

On December 2, 2020, CMS announced new Outpatient Prospective Payment System (“OPPS”) and Ambulatory Surgical Center (“ASC”) final rules. Buried within are several provisions which will permit more surgeries to be performed in ASCs, thereby i… Read More
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New HIPAA Rule Aims to Promote Access to Medical Records and Care Coordination

New HIPAA Rule Aims to Promote Access to Medical Records and Care Coordination As 2020 closes, the Department of Health & Human Services has announced the most significant proposed changes to the Health Insurance Portability and Accountability Ac… Read More
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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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Client Advisory: Coordinated Proposals of the CMS and OIG Proposed Rules to Amend the Stark, Anti-Kickback, and Civil Monetary Penalty Laws

The Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule on October 17, 2019 that would amend and provide new exceptions for certain value-based compensation arrangements under the physician self-referral law or Stark la… Read More
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