Health Care Today | Health Law Blog

On December 28, 2021, directors from the Quality, Safety and Oversight Group at The Centers for Medicare and Medicaid Services (CMS) released a memorandum (QSO-22-07-ALL) outlining its procedures for surveying compliance under its November 5, 2021, Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (IFR). The memorandum references various attachments for specific provider types which supplement and are intended to be used in conjunction with it.

The No Surprises Act, which then-President Trump signed into law on December 27, 2020, as part of the Consolidated Appropriations Act of 2021, addresses surprise medical bills from out-of-network providers when patients believe they are seeking care from in-network providers. Most sections of the act go into effect on January 1, 2022, and the Departments of Health and Human Services, Treasury, and Labor are working on regulations to implement many provisions of the act.

If an offer to a health care provider to speak at or attend a pharmaceutical or medical device company’s event seems too good to be true – it probably is, and it could lead to civil, criminal and federal administrative penalties.  

On March 27^th, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act (“Act”). The Act is a massive piece of legislation, covering a number of aspects of economic life, including programs to maintain employment, assist workers, families and businesses, supporting the health care system, and providing assistance to distressed sectors of the U.S. economy.

The FBI, Department of Justice and HHS Office of Inspector General are asking health care providers to be on the lookout for scams regarding the sale of counterfeit personal protective equipment (PPE) such as gowns, goggles or full-face shields, and N95 respirator masks as required PPE during the COVID-19 outbreak.

Effective March 15, 2020, the Department of Health and Human Services (HHS) issued a Bulletin announcing that HHS Secretary Alex Azar has exercised his authority to waive sanctions and penalties against a covered hospital that does not comply with certain provisions of the HIPAA Privacy Rule.

In November 2018, Missouri became the 33^rd state to approve the use of medical marijuana, and rules and regulations for medical marijuana are being drafted by the Missouri Department of Health & Senior Services (DHHS). On March 15, 2019, DHSS released more draft rules. Of the published draft rules, there is only one set that relates to physician certifications. However, hospitals and other health care providers will encounter numerous challenges once medical marijuana becomes available in Missouri in 2020.