Articles and Blogs

As Shelter-in-Place Orders are relaxed, employers are able to resume varying degrees of pre‑COVID‑19 operations subject to a myriad of state, county and sometimes city government recommendations and/or requirements. However, covered employers remain subject to the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”). Both of... READ MORE

In a March 20, 2020 letter to HHS Secretary Azar, 340B Health, a membership organization consisting of more than 1,400 nonprofit hospitals in the 340B drug pricing program, advised the Secretary that its member hospitals fear the COVID-19 public health emergency could have a “material impact” on hospital admissions and payor mix, which, in... READ MORE

Teaching hospitals, teaching physicians and other providers will have additional flexibility to respond to the COVID‑19 public health emergency (“PHE”) under an interim final rule with comment period (“Rule”) that CMS published on May 8, 2020. The Rule should work to stabilize teaching hospitals’ graduate medical education (“GME”) payments during the COVID‑19 PHE, and... READ MORE

Thursday, May 28 Update Our Federal Advocacy Team is dedicated to providing frequent COVID-19 updates as they develop. Going forward, these updates will be distributed as developments warrant instead of nightly. These updates along with other resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website​. Note – ​we believe this is... READ MORE

On May 26, 2020, OIG released its Strategic Plan for Oversight of COVID-19 Response and Recovery (“Strategic Plan”). The Strategic Plan lays out OIG’s priorities for ensuring that HHS’s COVID-19 relief funds are appropriately disbursed and used, and it gives insights into the enforcement activities that relief fund recipients can expect to see going... READ MORE

Tuesday, May 26 Update Our Federal Advocacy Team is dedicated to providing frequent COVID-19 updates as they develop. Going forward, these updates will be distributed as developments warrant instead of nightly. These updates along with other resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website​. Note – ​we believe this is... READ MORE

The events caused by COVID-19 and the pandemic’s ripple effects has certainly caused pause and required a renewed approach to most of life’s activities. Shockingly, legal due diligence conducted in a health care M&A transaction is not immune from such pause and reassessment. New considerations of novel or previously dormant factors will be required... READ MORE

Over the last several months, health care providers have seen COVID-19 relief funds in various forms, from advances against future payments, to pure grant money. In addition to the much-needed assistance these funds have provided, a new stream of revenue has emerged that must be accounted for, and ultimately negotiated, in a health care... READ MORE

For the third time this week, twice on May 20 and again late on the 21, the Department of Health and Human Services (“HHS”) has amended its Frequently Asked Questions (“FAQs”) related to the CARES Act Provider Relief Fund. These FAQs continue to build on its recent guidance related to common health care industry... READ MORE

The Department of Health and Human Services (“HHS”) announced that it will begin to deliver nearly $4.9 billion from the Public Health and Social Services Emergency Provider Relief Fund (sometimes referred to as the CARES Act Provider Relief Fund) on May 22, 2020 to skilled nursing facilities (“SNFs”). Purpose? HHS intends for SNFs to... READ MORE