Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

Client Alert, Multimedia

Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic. But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels. It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).

BMD Healthcare and Employment + Labor Attorneys presented this 6-part series on the ending of the PHE.

Telehealth Updates

Originally Aired April 5, 2023

Telehealth became an extremely popular method of providing service during the PHE. However, with the PHE ending, do you know whether your telehealth practice will be ending with it? Learn about the many changes that are on the horizon for telehealth including the elimination of audio-only services for some payors, documentation requirements, medical necessity and consent requirements, ongoing OIG audits, and tele-behavioral health in this webinar hosted by BMD Partner Ashley B. Watson



Medicaid Updates

Originally Aired April 12, 2023

There will no longer be any expansion of Medicaid so many may lose their coverage. This makes the No Surprises Act very important because many will be paying cash (and will not be covered). Find out how this will impact you in this webinar hosted by BMD Member Daphne L. Kackloudis.



Licensure Requirements

Originally Aired April 19, 2023

Waivers of licensure requirements to address the PHE are (if not already based on the state) coming to an end, including those creating telehealth or moonlighting flexibilities. Some states have already taken action to adopt permanent revised licensure laws, including adoption of multi-state licensing compacts.  Others have reverted back to full licensure requirements.  Find out about how the closure of the PHE affects professional licensure requirements in this webinar hosted by BMD Member Jeana M. Singleton.



Payment for COVID Testing / Treatment

Originally Aired April 26, 2023

Payment for COVID testing, vaccines, and treatment is changing. Insurance companies will no longer be required to pay 100% as they are under the FFCRA. Government will no longer pay for the vaccines or testing. Patients will be required to pay out of pocket for the treatments and testing. Vaccines will be subject to copayment and deductible requirements. You will also learn about FDA and emergency use for vaccines. This webinar is hosted by BMD Vice President Amanda L. Waesch.



Employers + COVID

Originally Aired May 3, 2023

Learn about updated employer requirements for the vaccine mandate and time off for COVID. Learn details of the CDC guidance and policies and what states are requiring. Find out what documents you should review to make sure they are up-to-date with the ending of the PHE. This webinar is hosted by BMD Partner and Co-Chair of the Employment and Labor Law Group Bryan Meek.



PHE Recap

Originally Aired May 10, 2023

This webinar highlights the key points from each webinar on telehealth, Medicaid, Licensure Requirements, Payment for COVID testing/treatment, and Employers & COVID. This webinar is hosted by BMD Attorneys Ashley B. Watson, Daphne L. Kackloudis, Jeana M. Singleton, Amanda L. Waesch and Bryan Meek.


Telehealth Flexibility Updates: HIPAA, DEA, and CMS

The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will end

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.

BREAKING: Biden Administration Has Officially Ended the Two Remaining COVID Vaccine Mandates

As of May 1, 2023, the Biden Administration has officially ended the two remaining COVID vaccine mandates: (1) the Federal Contractor Mandate, and (2) the CMS Healthcare Provider Vaccine Mandate.

Important Update: New Advanced Beneficiary Notice in Effect for Medicare on June 30, 2023

On April 4, 2023, the Office of Management and Budget (OBM) approved an updated Advance Beneficiary Notice of Non-coverage (ABN) form CMS-R-131.[1] Providers can continue using the current ABN form with an expiration date of June 30, 2023.[2] However, all providers are mandated to use the new ABN starting on June 30, 2023, which has an expiration date of January 31, 2026.