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Tag: covid19
Waller | February 2022

On February 10, 2022, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,H.R. 4445. It is expected to be signed by President Biden shortly. The Act did the seemingly impossible by passing on lopsided, bipartisan votes in both the House and Senate, befitting its odd-couple Senate sponsors: Kirstin Gillibrand (D-NY) and Lindsey Graham (R-SC) ...

Waller | January 2022

Today, the Supreme Court issued decisions in the COVID mandate cases that have had employers across the country on the edge of their seats. In aper curiam6-3 decision, the Court stayed the OSHA Emergency Temporary Standard that required all employers with 100 or more employees to require COVID vaccination or weekly testing ...

Waller | January 2022

Last week, the Eleventh Circuit vacated its opinion in the disability discrimination case,Gil v. Winn-Dixie Stores, Inc., No. 17-13467-CC ...

Waller | December 2021

As November drew to a close, two district courts changed the landscape for healthcare employers who were working towards the December 5 deadline to implement the CMS Interim Final Rule’s vaccination mandate. On November 29, a federal district court in Missouriissued a preliminary injunctionenjoining the Government from imposing and enforcing the CMS IFR ...

Waller | November 2021

Earlier this month, the HHS Office of Inspector General (OIG)published an advisory opinionthat permitted a pain management practice to retain the profits it received from billing for the anesthesia services that an employed CRNA provided at an ASC partially owned by the practice’s physician-owner ...

Waller | November 2021

The House narrowly passed the Build Back Better bill on Nov. 19 with a vote of 220 to 213, after an overnight delay. The $1.75 trillion social spending bill includes the ability for Medicare to negotiate drug prices, new hearing benefits for Medicare beneficiaries, and extended Affordable Care Act subsidies. The bill will still have to pass the Senate, and Senate Democrats are expected to make revisions ...

Waller | November 2021

Last week, the Eleventh Circuit vacated its most recent opinion in the debt-collection caseHunstein v. Preferred Collection & Management Services, Inc., No. 19-14434 ...

Waller | November 2021

CMS approved the Alabama Medicaid Agency’s applicationfor a 1115 Demonstration on October 21, 2021. The 1115 Demonstration, in combination with a 1915(c) Home and Community-Based Services (“HCSB”) Waiver and a 1915(i) Medicaid State Plan HCBS Program, will facilitate the creation of a new Community Waiver Program (the “Program”) ...

Waller | November 2021

The Centers for Medicare and Medicaid Services (CMS) has finalized its proposal to expand the experimental Home Health Value-Based Purchasing (HHVBP) Model to all 50 states and conclusively transition Medicare home health services to outcome-driven, value-based reimbursement beginning in calendar year (CY) 2023 ...

Waller | November 2021

In September, President Biden announced aggressive plans to combat the COVID-19 pandemic, taking the fight directly to the workplace and ordering mandatory vaccination or weekly testing to employers with 100 or more employees. This week, the Occupational Safety and Health Administration (OSHA) issued anEmergency Temporary Standard(ETS) regarding the COVID-19 vaccination and testing requirements for employers ...

Waller | November 2021

After convening for a special legislative session to address COVID-19 countermeasures, the Tennessee General Assembly passed sweeping legislation in the early hours of Saturday morning that limits the authority of public schools, local health departments, government entities, and private businesses to implement COVID-19 related restrictions ...

Waller | October 2021

Speaking at the keynote address at the annual ABA White Collar event in Miami this week, Lisa Monaco, the Deputy Attorney General announced major changes to how the Biden Justice Department will approach corporate crime. These announcements will undoubtedly change the way the Department of Justice investigates and prosecutes those cases, and the way in which corporations and individuals who are the subject of those investigations respond ...

Waller | October 2021

On October 14, 2021, the Massachusetts Attorney General’s Office announced a $25 million healthcare fraud settlement against a private equity firm and former executives of the firm’s portfolio company. The settlement is significant because it is the largest healthcare fraud settlement in the country to date against a private equity firm based on the firm’s oversight of its healthcare portfolio company ...

Waller | October 2021

Representation and warranty insurance (RWI) has boomed in popularity in the highly-regulated world of healthcare provider deals, and many dealmakers assume it will continue to be available as we ride the current wave of deals seeking to close by year-end 2021. That assumption may be wrong ...

Waller | July 2021

On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) released long-anticipated updates to its guidance regarding COVID-19 vaccinations.  In addition to clarifying the confidentiality requirements for vaccination information and guidelines for instituting vaccination incentive programs, the EEOC provided additional direction for employers implementing mandatory and employer-sponsored voluntary vaccination programs ...

Waller | June 2021

Back in mid-March, the Department of Labor (DOL) notified key stakeholders of the likelihood it would be issuing new regulations concerning COVID-19. Yesterday, the Occupational Safety and Health Administration (OSHA) of the DOL issued the long-awaited Emergency Temporary Standard (ETS) regarding safety requirements that healthcare employers must implement and adhere to in light of COVID-19 ...

Waller | April 2021

Recently, the Consumer Financial Protection Bureau (CFPB) rescinded seven policy statements issued during 2020 that provided temporary relief for financial institutions in consumer financial markets including mortgages, credit reporting, credit cards and prepaid cards ...

Waller | March 2021

Yesterday, the Department of Labor informally notified key stakeholders that it will soon be issuing new regulations concerning COVID-19.  One expectation is that the regulations will require employers to not only implement COVID-19 prevention programs but also follow CDC guidelines ...

Waller | February 2021

Virginia is now the first state in the nation to enact permanent COVID-19 workplace safety and health standards. In late January, the Virginia Department of Labor and Industry (DOLI) adopted the Virginia Occupational Safety and Health (VOSH) Program. The program promulgates a new standard that supersedesVirginia’s Emergency Temporary Standard from July 2020 ...

Waller | January 2021

Tennessee state Rep. Bob Ramsey has introduced state legislation that makes delivery of alcoholic beverages by restaurants, hotels and other liquor by the drink licensees “permanent” — at least for three years. Download a copy of the legislation here ...

Waller | January 2021

The U.S. Department of Health and Human Services (HHS) just announced that Provider Relief Fund Program (PRF) recipients will now be required to submit reports regarding their use of these funds later than previously announced. The previous deadline was February 15, 2021. Currently, a specific new timeline was provided, but HHS is encouraging providers to register to receive updates ...

Waller | January 2021

The regulatory change proposed by the Department of Health and Human Services (HHS) in the recent HIPAA Notice of Proposed Rulemaking (NPRM) is another step toward HHS’s objective to encourage a patient-centric healthcare environment. The HIPAA NPRM proposes to tilt the balance of protecting privacy and facilitating the availability of information toward loosening restrictions on disclosures of patient information ...

Waller | January 2021

As part of the new omnibus stimulus bill, Congress passed, and President Trump signed into law, the “Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act” (the “Act”) which makes substantial changes to the popular Paycheck Protection Program ...

Waller | December 2020

Tennessee Gov. Bill Lee has extended the executive order allowing carryout and delivery of beer, wine and spirits for restaurants. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver. Lee extended the privilege through to 11:59 pm February 27, which brings welcome certainty to an industry battered by the pandemic ...

Waller | December 2020

The Paycheck Protection Program (the “PPP”) was passed into law by Congress as part of the CARES Act earlier this year in response to the COVID-19 pandemic. While considered a relative success at its intended goal of temporarily preserving jobs during the pendency of the pandemic, the PPP ended its initial run with tens of billions of dollars left on the table and frustrated borrowers and lenders because of opaque and frequently changing rules and regulations ...

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