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Waller | October 2018

Gov. Jerry Brown signed California Senate Bill 826 into law, which requires publicly held companies whose principal executive offices are located in California to have a minimum of one woman on their boards of directors by the end of 2019. Thereafter, women’s representation will have to increase based on the law, with what will be codified as Section 301 ...

Waller | January 2012

Can participation in an Accountable Care Organization (ACO) cause a nonprofit hospital’s bonds to become taxable?  A quick inquiry to bond counsel would probably yield an answer of “it shouldn’t” in many cases ...

Waller | August 2018

Tilray, Inc. officially launched its initial public offering on Thursday, becoming the first U.S. cannabis cultivator to directly list on an American exchange. Based on a better-than-expected share price of $17, the company raised more than $153 million in the offering. The IPO is notable for two reasons: 1) Tilray was incorporated in Delaware in January 2018 and is, therefore, the first U.S. cannabis company allowed to list directly on Nasdaq. The company’s U.S ...

Waller | April 2020

Last month, Waller published an article (Bank Interagency group offers guidance on working with borrowers affected by COVID-19) analyzing guidance issued by the federal financial regulatory agencies encouraging lenders to “work constructively with borrowers” and offer loan modification programs in a safe and sound manner to mitigate the adverse effects of COVID-19 ...

Waller | July 2020

CHALLENGE Promise Healthcare Group, LLC was one of the nation’s largest healthcare providers focused on post-acute care services. The investor-owned company operated two freestanding medical-surgical hospitals, 14 long-term acute care hospitals (LTACHs), and two skilled nursing facilities. The company also had 45 affiliates across eight states ...

Waller | May 2018

Earlier this year, the Congressional Budget Office (CBO) released its report on the direct spending and revenue effect of H.R. 1628, the American Health Care Act of 2017 (AHCA), as passed by the House of Representatives. CBO made this estimate in conjunction with the Joint Committee on Taxation ...

Waller | June 2018

The Commodity Futures Trading Commission (CFTC) has clarified the priorities and expectations when a designated contract market (DCM) or swap execution facility (SEF) lists new virtual currency derivatives or when a derivatives clearing organization (DCO) clears virtual currency derivatives.   Background and Key Terms The CFTC is an independent federal agency that administers the Commodity Exchange Act, which regulates transactions in commodity interests ...

Waller | March 2020

The focus on the response to the Coronavirus (COVID-19) has primarily centered around prevention and containment but the government and commercial payors have also addressed healthcare operational matters that encourage prompt diagnosis, treatment and monitoring through billing and reimbursement modifications and expansion of telehealth services ...

Waller | March 2020

On March 30th, the Centers for Medicare and Medicaid Services (CMS) announced a number of regulatory reforms aimed at giving healthcare providers more tools to combat COVID-19 ...

Waller | March 2020

On March 30th, the Centers for Medicare and Medicaid Services (CMS) announced a number of regulatory reforms aimed at giving healthcare providers more tools to combat COVID-19 ...

Waller | August 2020

A new reimbursement model intended to address healthcare access and availability in rural communities was introduced by The Centers for Medicare & Medicaid Services (CMS) Innovation Center. The Community Health Access and Rural Transformation (CHART) Model will “provide up-front investments and predictable, capitated payments that pay for quality and patient outcomes,” according to CMS ...

Waller | March 2020

On March 23, 2020, the Centers for Medicare & Medicaid Services (CMS) announced updates to its survey process in response to COVID-19 (press release,press release, andmemo). Specifically, as authorized pursuant to section 1135(b)(5) of the Social Security Act, CMS is prioritizing certain surveys and exercising enforcement discretion for all certified provider and supplier types for the next three weeks ...

Waller | April 2020

On April 6, 2020, the Centers for Medicare and Medicaid Services (CMS) published an interim final rule in the Federal Register that, among other initiatives and changes to existing policy, allows certain inpatient hospital services to be provided “under arrangements” outside of the hospital. The “March 2020 IFC” is intended to give healthcare providers increased flexibility to respond to the public health emergency created by COVID-19 ...

Waller | February 2014

The Affordable Care Act, in a largely overlooked provision, bestowed broad powers on the Centers for Medicare and Medicaid Services (CMS) to impose a moratorium on the enrollment of new Medicare or Medicaid providers, including whole categories of providers in certain geographic locations ...

Waller | March 2020

On March 23, 2020, the Centers for Medicare & Medicaid Services (CMS) released an FAQ on Medicare provider enrollment relief, noting several key changes aimed at streamlining and expediting provider enrollment in light of COVID-19. Physicians and non-physician practitioners may now enroll and receive temporary billing privileges without certain fingerprint-based criminal background checks and site visits ...

Waller | February 2010

Providers of a advanced diagnostic imaging services, including physicians, who bill for the technical component must become accredited by a designated accreditation organization by Jan. 1, 2012 in order to be reimbursed by Medicare, according to a notice from CMS published in the Federal Register ...

Waller | February 2012

Only two days after the government’s announcement that it recovered a record-breaking $4.1 billion from its healthcare fraud enforcement efforts in 2011, the Centers for Medicare and Medicaid Services (CMS) published a draft regulation in today’s Federal Register implementing the Affordable Care Act’s (ACA) 60-day overpayment report and return provision ...

Waller | February 2012

The Stage 2 Meaningful Use requirements proposed last week by CMS as part of the Medicare and Medicaid incentive programs to expand the use of Electronic Health Record (EHRs) maintain the same core and menu structure as the Stage 1 criteria. The proposed rule, however, gives providers an additional year, until 2014, to implement Stage 2 criteria ...

Waller | April 2020

The Centers for Medicare & Medicaid Services hasrecently announced an unprecedented “Hospitals Without Walls” program to aid in the fight against COVID-19. The goal of this program is to ensure that local hospitals and health systems have the capacity to handle a potential surge of COVID-19 patients through temporary expansion sites including other, non-affiliated healthcare providers and even unlicensed locations such as community centers and schools ...

Waller | April 2020

On April 19, 2020, the Centers for Medicare and Medicaid Services (CMS) published guidance (the “CMS Guidance”) for reopening facilities to provide elective procedures or “non-emergent, non-COVID-19 healthcare ...

Waller | April 2020

The COVID-19 crisis has increased the need for behavioral services and has also led to some opportunities for providers ...

Waller | March 2020

Just 24 hours after the President signed the CARES Act into law, the Centers for Medicare & Medicaid Services (CMS) expanded the scope of its Accelerated and Advance Payment Program to include additional Part A providers and Part B suppliers. CMS outlined the program expansion in a fact sheet. The accelerated payments are intended to provide immediate cash flow relief to providers and suppliers focused on treating the flood of COVID patients ...

Waller | March 2019

In December 2018, Part I of this column was based on the Proposed 199A Regulations1 and included the applicable definitions and the basic concepts and mechanics of the 199A 20% deduction of Qualified Business Income (“QBI”) up to the 20% of the excess of the taxpayer’s taxable income over the taxpayer’s net capital gain ...

Waller | December 2015

Many healthcare boards believe that they have satisfied the 501(r) community health needs assessment (CHNA) requirements by completing their organization’s CHNA report and adopting an implementation strategy. After doing that, the board may feel ready to focus on other pressing issues until the next three-year CHNA deadline ...

Waller | March 2020

The U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (DOL) have announced aplanto implement the Families First Coronavirus Response Act (the Act) ...

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