Federal – Legislation, Rulemaking, and Executive Actions

HHS announces revision of Provider Relief Fund Post-Payment Notice of Reporting Requirements (6/11/21).

CMS Interim Final Rule: Vaccine Requirements for Long-Term Care and Intermediate Care Facilities
Medicare and Medicaid Programs; COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals With Intellectual Disabilities (ICFs-IID) Residents, Clients, and Staff (CMS-3414-IFC, 5/13/21)

H.R. 8337: Continuing Appropriations Act, 2021 and Other Extensions Act (10/1/20)

CMS Interim Final Rule: Additional Policy and Regulatory Revisions in Response to COVID-19
Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (CMS-3401-IFC, 8/24/20)

• CMS’ enforcement mechanisms for compliance with Medicare and Medicaid LTC COVID reporting requirements
• LTC facility resident and staff testing requirements
• Hospital and CAH COPs for tracking incidence and impact of COVID-19
• CLIA laboratory COVID-19 testing reporting requirements

SBA Interim Final Rule: PPP Loan Eligibility
Business Loan Program Temporary Changes; PPP—Additional Eligibility Revisions to First Interim Final Rule (6/29/20)

SBA Interim Final Rule: PPP Loan Forgiveness and Loan Review
Business Loan Program Temporary Changes; PPP—Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules (6/29/20)

SBA Revisions to First Interim Final Rule
Business Loan Program Temporary Changes; Paycheck Protection Program—Revisions to First Interim Final Rule (6/15/20)

CMS  Second Interim Final Rule: COVID-19 Response
CMS, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting Program (CMS-5531-IFC, 4/30/20)

• COVID-19 Testing
• Increasing hospital capacity
• Augmenting the health care work force
• Decreasing administrative burdens
• Telehealth

• Hospital without walls guidance
• Workforce expansion (e.g., provision of medical staff support, temporary Medicare enrollment, use of medical residents, verbal orders, waiver of hospice and home health on-site visits)
• Patients over paperwork, including reprioritization of oversight and audit activities
• Telehealth expansion

CARES Act
H.R.748 – CARES Act, Pub. L. 116-136 (3/27/20)

• $100 Billion in hospital/provider funding
• Temporary sequester relief
• Medicare COVID-19 inpatient add-on payment
• Flexibility for hospital transfers
• Further telehealth expansion
• Health care workforce
• Privacy and confidentiality for substance use disorder treatment records (alignment of Part 2 regulations with HIPAA)
• HLB insights available in Alert: Newly-Passed Coronavirus Relief Bill Includes Assistance for Many, Including Health Care Providers (3/27/20) and Webinar: CARES Act – Hot Topics for Health Care Providers

Families First Coronavirus Response Act (FFCRA)
H.R.6201, Pub. L. 116-127 (3/18/20)

• Coverage of COVID-19 Testing
• Paid Public Health Emergency Leave and FMLA
• Emergency Paid Sick Leave
• Payroll tax credits

Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
H.R.6074, Pub. L. 116-123 (3/6/20)

• $8.3 billion in emergency funding for federal agencies to respond to COVID-19 outbreak
• Provides waiver authority for Medicare coverage of telehealth services during certain emergencies
• HLB insights available in Health Law Advisory (3/12/20)

President’s Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19
3/18/20

President’s Proclamation Declaring National Emergency
3/12/20

HHS Secretary Declaration of Public Health Emergency and Renewals