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Long Term Care Update: As Winter Arrives, CMS Renews its Emphasis on COVID-19 Vaccinations, Bivalent Boosters and Timely Therapeutic Treatments

Healthcare Law Blog

Addressing Declines in COVID-19 Vaccination Rates and COVID-19 Treatment. A pre-Thanksgiving analysis of this data revealed that just 45% of SNF residents and 23% of SNF staff were up-to-date with COVID-19 vaccines and boosters. [i]. ii] QSO-21-19-NH (cms.gov). iii] 42 CFR 483.10(c)(6).

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Skilled Nursing Update: CMS Adds New F Tag and Survey Guidance on COVID-19 Vaccine Requirement Regulations – REVISED

Hall Render

Nursing homes face possible citations, civil monetary penalties, denial of payments and—as a final measure—termination of participation from the Medicare and Medicaid programs by the Centers for Medicare & Medicaid Services (“CMS”) as they embark on complying with the new CMS COVID-19 vaccine requirements for their staff.

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Coding COVID for Uninsured Patients

AIHC

A separate program, the HRSA COVID-19 Coverage Assistance Fund, is available to reimburse providers for COVID-19 vaccine administration to underinsured individuals whose health plan either does not include COVID-19 vaccination as a covered benefit or covers COVID-19 vaccine administration but with cost-sharing.

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Skilled Nursing Update: CMS Hands Surveyors Details on How to Review the Staff Vaccine Requirement

Hall Render

The Centers for Medicare & Medicaid Services (“CMS”) has armed surveyors with detailed instructions on how to survey skilled nursing facilities for compliance with the CMS staff vaccine requirements. The surveyor’s Entrance Conference Worksheet update includes COVID-19 Vaccine review and COVID-19 Staff Vaccination Matrix.

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What is HIPAA Enforcement Discretion?

HIPAA Journal

For example, the Secretary can waive the requirements for out-of-state healthcare professionals to be licensed before being allowed to practice, or exercise discretion when investigating violations of the physician self-referral law (§1877 of the Social Security Act).

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Compliance Implications for the End of the Federal Public Health Emergency (PHE)

MedTrainer

This article will focus on the federal changes, but make sure to check with all states where your providers are licensed to stay up-to-date. CMS Burden Reduction Final Rule (84 FR 51732) The Centers for Medicare & Medicaid Services (CMS) permanently extended changes made to the Burden Reduction Final Rule.

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Highlights from the HHS-OIG 2023 Spring Semiannual Report

Provider Trust

OIG also remains engaged with federal partners like the Department of Justice (DOJ) to identify and prosecute individuals who exploit the COVID-19 response for their own gain. During this reporting period, an individual was sentenced to three years of probation for fabricating false COVID-19 vaccine records.