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McBrayer Blogs
Showing 179 posts in Health Care Law.
Updates and Modernization of Kentucky's Assisted Living Legal Framework
Since 2022, Kentucky's assisted living community regulations have undergone significant updates. The recent updates to Kentucky’s assisted living community laws and regulations enhance resident safety and improve the communities that support them. Although Senate Bill (SB) 11 passed in 2022, as is often the case with complex regulatory frameworks, the applicable regulations were promulgated and enacted well into the end of 2023. More >
Governor Signs HB 200 to Address Healthcare Worker Shortage
The COVID-19 public health emergency has impacted the healthcare field in numerous ways. Like the rest of the country, Kentucky has been facing a dire shortage of healthcare workers that was only worsened by the pandemic. The Kentucky Hospital Association’s Workforce Survey Report showed across the commonwealth, at the end of the calendar year (2021), Kentucky hospitals reported 13,423 full-time equivalent (FTE) vacancies across thirteen (13) professional groups, with a statewide hospital workforce vacancy rate of 17.1 percent. Registered nurses (RNs) and licensed practical nurses (LPNs) are the largest profession of direct-care providers and hospitals reported 5,060 RN and 331 LPN vacancies, for a combined vacancy rate of 22.1 percent. More >
OIG, in a Departure, Approves Hospital Provision of Nurse Practitioner Services
Traditionally, the Office of the Inspector General for the U.S. Department of Health and Human Services (“OIG”) would take a hard stance on any arrangements that might involve some form of remuneration from a hospital to a referring physician, but the winds of change may be blowing. In Advisory Opinion 22-20, published in December of 2022, the OIG has given a green light, albeit in a limited context, to an arrangement in which a hospital may have its employee nurse practitioners perform some services traditionally performed by the patients’ primary care physicians. This is a small step in the direction of a more flexible OIG stance on the federal Anti-Kickback Statute (“AKS”), but it doesn’t completely sidestep risks. More >
WARNING: DOL Moves the Goalposts on FFCRA for Healthcare Providers
When the Families First Coronavirus Response Act (“FFCRA”) was passed, healthcare providers breathed a sigh of relief to see that an exception had been carved out for them regarding the mandatory leave provisions of the law. This exclusion permitted entities with less than 500 employees to exclude “health care providers” from mandatory leave provisions. The first rules to interpret this provision defined “health care providers” in such a manner that all employees of a healthcare provider that itself met the definition would also meet the exclusion. This interpretation is no more. More >
A Potpourri of COVID-19 Takeaways for Healthcare Providers
While the COVID-19 virus surges and possibly re-surges in states all around us, Kentucky’s cautious management of this crisis has created opportunities for healthcare providers to ease back into business and shift into recovery. Whether Kentucky can continue to contain the virus is uncertain, but as healthcare providers retool and spend the federal dollars infused by the CARES ACT, here are the areas to watch. More >
Reimbursement Relief for Healthcare Providers Treating the Uninsured
Reimbursement relief is on the way for healthcare providers who have conducted COVID-19 testing or provided treatment for COVID-19 individuals who are uninsured. The COVID-19 Uninsured Program Portal allows for providers to submit claims for reimbursement beginning May 6, 2020 for COVID -19 services on or after February 4, 2020. These reimbursements will be made at Medicare rates. More >
FCC is awarding funds for the COVID-19 Telehealth Program
The Coronavirus Aid, Relief, and Economic Security (CARES) Act that was passed into law in March 2020 set aside $200 million in funds for the Federal Communications Commission (FCC) to establish the COVID-19 Telehealth Program. The program’s intent is to keep physicians and patients safe while continuing care remotely. The support provided through telehealth is intended for treatment of both coronavirus and other ongoing health conditions during the pandemic. More >
DOJ’s Nursing Home Initiative Targets Providers – Compliance Will Be Critical!
A new initiative announced by the Department of Justice (DOJ) on March 3, 2020, is aimed at investigating “grossly substandard care” in nursing homes. The National Nursing Home Initiative will initially be targeting the nation’s most problematic facilities and will use both civil and criminal enforcement actions where these facilities are putting the health and safety of residents in danger. The initiative serves as one focus in the DOJ’s larger efforts in protecting the elderly and is coordinated by the Elder Justice Initiative. More >
CMS Suspends the Advance Payment Program and Reevaluates Accelerated Payments
On April 26, 2020, the Centers for Medicaid & Medicare Services (CMS), announced that the Advance Payment Program for Part B suppliers was ending immediately and that the amounts being paid under the Accelerated Payment Program will be reevaluated. Going forward, new applications for the Advanced Payment program will not be accepted. There are interesting implications and questions for providers who received funds under this program going forward as CMS has not issued any guidance concerning how this will be handled. More >
Kentucky Sets Detailed Timeline for Phased Reopening of Healthcare Providers
The Kentucky Department for Public Health (KDPH) has released a four-stage plan for reopening Kentucky’s health care services in the wake of the COVID-19 pandemic with the first phase beginning on April 27, 2020, and the fourth and final stage being implemented on May 27, 2020. The intention is to gradually loosen restrictions on services while providing requirements that must be met in order to mitigate against the COVID-19 pandemic. More >
