Health Care
New CMS Regulation Will Require Vaccination for Nursing Home Staff

New CMS Regulation Will Require Vaccination for Nursing Home Staff

By: Anne V. O'Meara and Laurie E. Meyer On August 18th, President Biden announced that his Administration will require nursing homes to mandate staff to be vaccinated against COVID-19 as a condition for facilities to receive funding from Medicare and Medicaid. This new requirement would apply to nearly 15,000 nursing home facilities, which employ approximately 1.6 million workers and serve...

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CMS Reinstates Per-day Fines for Noncompliance in Long-term Care

CMS Reinstates Per-day Fines for Noncompliance in Long-term Care

By: Alec Dobson Long-term care facilities face increased potential for daily fines for non-compliance, rather than single fines, under recent action by the Centers for Medicare & Medicaid Services. Daily fines had been more common until the Trump Administration, in July 2017, instructed regulators to typically impose civil monetary penalties only on a per-instance basis, rather than for each...

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CMS Reinstates Per-day Fines for Noncompliance in Long-term Care

CDC Updates COVID Guidelines for Nursing Homes

The federal government this week issued updated guidelines to nursing homes for COVID-19 prevention and control, including new recommendations regarding visitation, physical distancing, and quarantining. In issuing the updated recommendations on March 29, the Centers for Disease Control and Prevention stressed that even as nursing homes relax restrictions they must remain vigilant for COVID...

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CMS Eases Guidance for Nursing Home Visitation

CMS Eases Guidance for Nursing Home Visitation

With millions of COVID-19 vaccinations having been administered to nursing home residents and staff, the federal government is now encouraging in-person visitation in nursing homes. On March 10, 2021, the Centers for Medicare & Medicaid Services (CMS) updated its guidance to facilities regarding in-person visitation. Importantly, the updated memorandum, QSO-20-39-NH Revised (“CMS Memo”),...

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CMS Reinstates Per-day Fines for Noncompliance in Long-term Care

State Law Provides Broad Immunity for COVID-19 Liability

Long-term care providers and other businesses and entities in Wisconsin now have broad, but not unlimited, immunity from liability related to COVID-19 exposure, under a bill signed into law by Governor Tony Evers on February 25. The immunity provision is included in a bill addressing the State’s unemployment insurance program, which received final legislative approval on February 23.[1] The new...

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Vaccinations in the Workplace

Vaccinations in the Workplace

In the next few months, as a COVID-19 vaccine becomes more widely available, many employers will be faced with a decision of whether to mandate vaccination for their employees. This consideration will raise a multitude of questions, including: (1) Can employers require mandatory COVID-19 vaccinations?, (2) What are the consequences of an employee’s refusal to be vaccinated?, (3) If more than one...

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“Health Care Providers” Under the FFCRA: Department of Labor Revises the Regulation and Focuses the Field of Employees Eligible for Leave

By: Anne V. O'Meara, Laurie E. Meyer, and Anthony J. Steffek On September 11, 2020, the Department of Labor (DOL) released its second interpretation of the Families First Coronavirus Response Act (FFCRA). The new DOL rule, which took effect on September 16, revised the original rule’s definition of “health care provider” to provide up to twelve weeks of paid leave to an expanded field of...

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CDC’s Detailed Guidance to Reopen Businesses

By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of the topics addressed in the newly...

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CMS Reinstates Per-day Fines for Noncompliance in Long-term Care

CMS Recommends States Use “Extreme Caution” in Relaxing Nursing Home Restrictions

The Centers for Medicare & Medicaid Services issued recommendations on May 18 to state and local officials across the country for when nursing homes can relax certain restrictions on visitation, screening, and services related to the COVID-19 pandemic. The recommendations envision moving in three phases. Nursing homes would “reopen” more slowly than their surrounding communities will under...

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State Will Disclose Nursing Homes with COVID Cases

By: Alec Dobson The state will begin publishing a list of nursing homes in Wisconsin with current confirmed cases of COVID-19, the Wisconsin Health Care Association reported Thursday. The disclosures will begin Monday, May 11, on the Department of Health Services’ website. Also: The Centers for Medicare & Medicaid Services announced Wednesday that it will issue a final rule May 8 requiring...

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