Shortly after releasing its guidelines for reopening courts in the Commonwealth, the Supreme Court of Kentucky provided further guidance in regards to upcoming trials. The Order builds in time for courts to prioritize criminal proceedings that have been delayed as a result of COVID-19. As such, the Order makes the ...
Updated May 28, 2020
by Kathie McDonald McClure, Partner, and Joseph Profancik, Summer Associate
On May 1, 2020, Governor Eric Holcomb announced his plan to get Indiana Back on Track. After nearly eight weeks of shutdowns and isolation, Indiana has decided to move forward with a measured and data driven approach to reopen the economy. This ...
On May 28, 2020, CMS announced that it had updated its answers to its Frequently Asked Questions (FAQs) on Fee-For-Service (FFS) for COVID-19-related waivers for providers, including physicians, hospitals, and rural health clinics. The FFS FAQs were updated on May 27, 2020 in the areas of outpatient therapy, telehealth coding, and Federally ...
On May 21, 2020, the Kentucky Cabinet for Health & Family Services (CHFS) Long Term Care Advisory Committee issued guidance to long-term care providers concerning COVID-19 precautions for employees returning to work at those facilities now that travel restrictions have expired.
On May 22, 2020, the U.S. Department of Health and Human Services (HHS) extended the compliance deadline by 45 days for providers who are receiving payments from the Provider Relief Fund to accept the Terms and Conditions for Provider Relief Fund payments. This extension means providers now have 90 days from the date they received a payment to ...
On May 26, 2020, Christi Grimm, the Principal Deputy Inspector General of the HHS Office of Inspector General (OIG) briefed the U.S. House of Representatives Committee on Oversight and Reform on the OIG’s oversight efforts in response to the COVID-19 pandemic. In this briefing she reported that the OIG will audit the disbursement of funds ...
Gus Lazares & Dan Burke
Last month we told you that that OSHA had relaxed the COVID-19 recording requirements for employers. OSHA recently rescinded that guidance and will now require all employers to record a COVID-19 illness if it is work-related. To aid employers in these determinations, OSHA has provided additional clarification as to how ...
The Kentucky Cabinet for Health and Family Services published a Self-Certification form requiring parents or guardians of children attending child care centers to certify their compliance with certain social distancing and prevention requirements. Child care centers are to retain a copy of the completed self-certification in each ...
Update: May 29, 2020
by Kathie McDonald-McClure, Partner
As we previously reported, on May 11, 2020, Governor Andy Beshear began reopening sectors of Kentucky’s economy, in addition to the healthcare sector, that were closed due to the novel coronavirus 2019 (COVID-19) public health emergency (PHE). The reopening, called Healthy at Work, is ...
Michelle D. Wyrick and Joseph Profancik, a 2020 Summer Associate
As the country sets its sights on reopening the economy, many Americans are understandably hesitant to return to work. Although most states claim that COVID-19 has seen its peak, the number of daily infections reminds us that the virus is still looming all across the nation ...
Michelle D. Wyrick and Joseph Profancik, a 2020 Summer Associate
As the country sets its sights on reopening the economy, many Americans are understandably hesitant to return to work. Although most states claim that COVID-19 has seen its peak, the number of daily infections reminds us that the virus is still looming all across the nation ...
The Department of the Treasury (Treasury) and Small Business Administration (SBA) celebrated the holiday weekend early by releasing new Interim Final Rules (Rules) concerning the Paycheck Protection Program’s (PPP) forgiveness calculation. In general, the Rules build upon the application for forgiveness which ...
Interim Final Rules issued by the Small Business Administration and Treasury Department late Friday night provide additional guidance to lenders on forgiveness of loans made under the Paycheck Protection Program. Under the rules:
Lender’s Duties With Respect to Forgiveness Applications. For all loan forgiveness ...
By: Matt Lubozynski
The Supreme Court recently decided another intellectual property case in Lucky Brand Dungarees, Inc. v. Marcel Fashions Grp., Inc., No. 18-1086, 2020 WL 2477020, at *2 (U.S. May 14, 2020) (“Lucky Brand”). Although the case concerned trademark infringement, the issue before the Supreme Court went to whether to recognize ...
On May 19, 2020, CMS released the following additional waivers to provide flexibilities needed to take care of patients for the duration of the COVID-19 public health emergency (PHE), including:
- Modification of existing physical environment waivers for surge capacity and patient quarantine at hospitals, psychiatric hospitals and ...
On May 22, 2020, the Department of Health and Human Services (HHS) announced that it has begun distributing additional relief funds to skilled nursing facilities hit hard by the COVID-19 pandemic. Each facility with six or more certified beds will receive a fixed distribution of $50,000, plus a variable distribution of $2,500 per bed ...
by Partners, Tyson Gorman and Kathie McDonald-McClure and Summer Associate, Joseph Profancik
Editor’s Note: This article was supplemented by notes that were taken during the May 21, 2020 webinar provided by the Kentucky Chamber of Commerce, featuring Governor Beshear and Mark Carter, discussing plans for the launch of the State’s ...
Written By: Gus Lazares
You’re an employer trying your best to stay afloat during the chaos of COVID-19. You have applied for your PPP loan, implemented CDC guidelines in the workplace, and checked the Graydon COVID-19 website regularly. Your business has changed a lot, and now it is time to update your employee handbook and internal policies ...
Wyatt, Tarrant & Combs is pleased to announce that Pat Mulloy, a member of the Firm’s Corporate & Securities Team, has been elected Chairman of the Argentum Board of Directors. Mr. Mulloy previously served as Argentum’s Vice Chairman. Argentum is the leading national association that is exclusively dedicated to supporting companies ...
Shortly after releasing its guidelines for reopening courts in the Commonwealth, the Supreme Court of Kentucky provided further guidance in regards to upcoming trials. The Order builds in time for courts to prioritize criminal proceedings that have been delayed as a result of COVID-19. As such, the Order makes the ...
Michelle D. Wyrick and Lilian Williams
As businesses begin the first stages of reopening or increasing employee capacity, many have implemented or intend to implement temperature screening procedures. Some businesses are required to screen employee temperatures as a precondition to open under state or local law, as seen in Kentucky
Michelle D. Wyrick and Lilian Williams
As businesses begin the first stages of reopening or increasing employee capacity, many have implemented or intend to implement temperature screening procedures. Some businesses are required to screen employee temperatures as a precondition to open under state or local law, as seen in Kentucky, while ...
After convening three task forces to determine what measures to take to gradually resume in-person court services, the Supreme Court released its reopening plan on May 15, 2020. The Court’s goal is to implement a limited, phased reopening to allow access to the courts while keeping court personnel and the public safe ...
After convening three task forces to determine what measures to take to gradually resume in-person court services, the Supreme Court released its reopening plan on May 15, 2020. The Court’s goal is to implement a limited, phased reopening to allow access to the courts while keeping court personnel and the public safe ...
After weeks of anticipation, the Paycheck Protection Program’s (PPP) Loan Forgiveness Application has been issued by the Small Business Association (SBA) and Treasury Department. Borrowers—and their accountants—will begin to work through the 11-page application and instructions to determine what ...
After weeks of anticipation, the Paycheck Protection Program’s (PPP) Loan Forgiveness Application has been issued by the Small Business Association (SBA) and Treasury Department. Borrowers—and their accountants—will begin to work through the 11-page application and instructions to determine what ...
2020, the Centers for Disease Control (CDC) released guidelines on reopening communities, schools, and workplaces. These short checklists are designed to help businesses and others reopen safely.
In celebration of National Hospital Week, Wyatt would like to recognize everyone in the healthcare sector who is or has been providing support to our communities in light of the pandemic. Below is a message from Wyatt's Health Care team to say, thank you!
Christopher Hanewald, member of the Firm's Corporate & Securities Team authored the following article for Bloomberg Tax
The insurance industry is built on a foundation of actuarial certainty. Individuals and businesses pay significant premiums—$1.22 trillion in 2018—to have something they hope they never will need. The Covid-19 ...
The Equal Employment Opportunity Commission (“EEOC”) continues to update its guidance for employers in its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” questions and answers on a host of topics, including topics that are important for employers who are beginning ...
The Equal Employment Opportunity Commission (“EEOC”) continues to update its guidance for employers in its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” questions and answers on a host of topics, including topics that are important for employers who are beginning ...
The Small Business Administration (SBA), in consultation with the Department of Treasury (Treasury), took steps this week to alleviate confusion concerning the Paycheck Protection Program (PPP) which was instituted as part of the monumental CARES Act legislation. Since the introduction of the PPP, the SBA and ...
On May 1, 2020, Governor Eric Holcomb announced a 5-state roadmap to get Indiana “Back on Track” by July 4, 2020, Independence Day. Since March 24, 2020, the state had been in Stage 1, with only essential manufacturing, construction, infrastructure, government, business, healthcare and other critical ...
On May 14, 2020, Governor Beshear announced a decision to advance the date for gathering in groups of up to 10 people beginning May 22, 2020, the Friday ahead of Memorial Day. Recognizing that many Kentuckians have family members across state boarders with whom they may want to visit over the holiday weekend, the Governor also announced that the ...
On May 14, 2020, Governor Beshear announced that the state has now posted initial guidance for restaurants as they reopen, but the Governor said he is still seeking feedback from those in the industry. The Healthy at Work website now includes retail and restaurant guidance. For additional information on Kentucky’s Healthy At Work phased ...
On May 13, 2020, the CDC released guidelines on reopening communities, schools, and workplaces. These short checklists are designed to help businesses and others reopen safely.
Written By: Gus Lazares
Employers across the country are excited to get back to work! In some states, retailers have already opened, and restaurants will soon begin a phased reopening of their outdoor and indoor seating areas. But when businesses flip their signs from “Closed” to “Open” will the employees return along with the customers?
U.S. Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency (CISA) and the United Kingdom’s National Cyber Security Centre (NCSC) issued a joint alert warning of techniques that advanced persistent threat (APT) groups are using to exploit the COVID-19 pandemic. Click here to read the ...
From April 29, 2020 through May 6, 2020, CMS continued to update its multiple fact sheets that summarize changes it has made to give more flexibility to providers in response to COVID-19. The updated Fact Sheets include the following:
- Clinicians:
- Hospitals and Facilities:
CMS provided COVID-19 FAQs on Medicare Fee-for-Service (FFS) Billing. This 53-page FAQ document supplements the previously released 1135 Waiver FAQs and the Without 1135 Waiver FAQs. CMS pointed out that in many instances general statements made in those previously released FAQs have been superseded by COVID-19-specific legislation ...
The Centers for Medicare & Medicaid Services (CMS) recently released an Interim Final Rule with Comment Period (IFC), which is expected to be published May 8, 2020. The IFC builds on CMS’s previous efforts to provide healthcare systems with the flexibility to respond to the COVID-19 pandemic, such as expanding diagnostic testing and ...
The Centers for Medicare & Medicaid Services (CMS) asked states to submit provider-level Medicaid payment information by Tuesday, May 5. This indicates that there may be a Medicaid-centric distribution of provider relief funds, although the details are still unclear. Industry groups have asked for more focus on Medicaid and criticized the ...
The U.S. Department of Homeland Security (DHS) and the United Kingdom’s National Cyber Security Centre (NCSC) issued a joint alert warning that advanced persistent threat (APT) groups are exploiting the COVID-19 pandemic as part of their cyber operations seeking to steal “bulk personal information, intellectual property, and ...
The Department of Justice, the Federal Trade Commission, and the Food and Drug Administration have been mounting a coordinated effort to crack down on scams and quack cures related to the COVID-19 pandemic. Fake COVID-19 treatment claims, misuse of federal stimulus funds, and false claims about cures have proliferated as the pandemic goes on ...
The Department of Health and Human Services (HHS) issued guidance to hospitals and clinics reminding them that they must still comply with patient privacy rules during the COVID-19 crisis. In light of media focus, it is particularly important for providers to obtain a valid health privacy authorization from each patient whose protected ...
Between May 1-5, 2020, the Department of Medicaid Services (DMS) updated its Telehealth FAQs. In one of the new FAQs, DMS said that home health agencies can recertify care using telehealth. (FAQ 59, p. 12). However, in another FAQ, DMS said that, after consulting with DMS associated clinicians, it does not see a safe way forward for the viability ...
As reported last week, May 6, 2020 marked the start of Phase II of the reopening of healthcare facilities and services for non-COVID-19-related procedures. In accordance with careful restrictions and requirements, certain outpatient settings such as hospital outpatient facilities, surgical facilities, healthcare clinics, medical ...
As we reported in our April 17, 2020 Newsletter, the HHS Office of Inspector General (OIG) said that seven of the financial relationships that otherwise implicate Stark but are permitted by CMS under its public health emergency (PHE) blanket waivers may still potentially violate the Anti-Kickback Statute (AKS) and expose providers to ...
In late April and the first week of May, Kentucky Governor Beshear introduced the 10 Rules to Reopening and Staying Healthy at Work, as well as, more detailed Minimum Requirements for each rule. The 10 Rules and associated Minimum Requirements will apply to healthcare businesses beginning on Monday, May 11, 2020. The Governor has emphasized in ...
Updated May 22, 2020, by Kathie McDonald-McClure, Partner, and Joseph Profancik, Summer Associate
As we previously reported, on May 11, 2020, Governor Andy Beshear began reopening sectors of Kentucky’s economy, in addition to the healthcare sector, that were closed due to the novel coronavirus 2019 (COVID-19) public health emergency ...
As a result of social distancing in the midst of COVID-19, employees are working remotely now more than ever. One of the many unique challenges facing employers as a result of the increased number of employees working from the confines of their homes is the ever-present risk that an employee could be injured while conducting work-related tasks ...
As a result of social distancing in the midst of COVID-19, employees are working remotely now more than ever. One of the many unique challenges facing employers as a result of the increased number of employees working from the confines of their homes is the ever-present risk that an employee could be injured while ...
March 20, 2020
On March 13, 2020, HHS Secretary Alex Azar issued several waivers of certain Medicare, Medicaid and Children’s Health Insurance Program (CHIP) requirements pursuant to Section 1135 of the Social Security Act. Click here. CMS published specific “blanket” waivers and encouraged the states to request waivers for federal ...
March 20, 2020
With information moving so quickly and guidance being updated on what seems to be an hourly basis, we have set forth below several links to key resource pages for Kentucky healthcare providers.
- KY COVID-19 Website: Scroll down the main page and click on + Healthcare Providers to access a multitude of linked resources.
- Dedicated ...
March 27, 2020
March 25, 2020, the Senate passed a bill known as the CARES Act to provide relief to the American people and industries in the wake of the coronavirus pandemic. The bill was passed by the House of Representatives today and is now before the President for signature. The legislation provides billions of dollars for healthcare providers ...
March 20, 2020
The CDC has a wealth of COVID-19 resources for healthcare professionals, including Resources for Healthcare Professionals Caring for COVID-19 Patients aimed at reducing the risk of spreading the virus to our treasured warriors on the front lines of the COVID-19 battle.
- Elective Procedures: The letter found at the following ...
April 3, 2020
On April 1, 2020, the CDC updated its Interim Infection Prevention and Control Recommendations, applicable to all U.S. healthcare settings but not applicable to non-healthcare settings or persons outside of such settings. The updated guidance addresses three key concepts: 1) Limiting how germs can enter the facility; 2 ...
March 27, 2020
On March 23, 2020, the Kentucky Cabinet for Health and Family Services ordered all health care providers to cease all non-emergent, non-urgent in-person services and treatment, according to the following standards:
- Emergent: any healthcare service that, were it not provided, is at high risk of resulting in serious and/or ...
On April 30, 2020, CMS updated its FAQs on EMTALA obligations during the COVID-19 public health emergency. Specifically, drive through testing sites that have been established for COVID-19 testing alone, including on a hospital campus, do not have EMTALA implications. However, EMTALA would still apply if a patient who was seeking only ...
Last week we informed you that CMS extended the effective date of hospital conditions of participation (CoPs) provisions requiring admission, discharge and transfer (ADT) notifications to post-acute care providers. Kathie McDonald-McClure and Margaret Young Levi provide more detail about this extension here.
April 3, 2020
On April 2, 2020, CMS announced critical recommendations to state and local governments, as well as to nursing homes, to help mitigate the spread of COVID-19 in nursing homes. The CMS’ previous March 13, 2020 guidance advised nursing homes to restrict visitors to help prevent the spread of the virus into these facilities. A round ...
April 28, 2020
As a result of COVID-19, employers have been forced to take a hard look at employment levels. Many employers have furloughed employees. Furloughing an employee is distinguishable from terminating an employee. A furloughed worker is still considered an employee, but they have been forced to take a temporary break from work without ...
March 27, 2020
The Centers for Disease Control has published guidance for allowing healthcare workers to resume work after a positive test result or suspicion of infection. The guidance provides two approaches to approve an employee’s return: either two negative tests for an employee who is fever free and has improved respiratory symptoms; or ...
April 3, 2020
The Microsoft Threat Intelligence Center (MSTIC) issued an alert specific to healthcare providers regarding a type of ransomware known as REvil that cyber criminals have tailored to exploit remote healthcare workers during the COVID-19 public health emergency. The MSTIC “strongly recommends that all enterprises review VPN ...
May 01, 2020
The 2020 worldwide pandemic will go down in the history books much like the 1918 Spanish Flu. One big difference between then and now: the technology that has enabled millions of us to remain moderately productive “at work” from the comfort of our homes. Welcome to the “new normal” of telework. Being comfy at work in yoga pants ...
April 3, 2020
Normally, an Opioid Treatment Program (OTP) must conduct an in-person medical evaluation of a patient before prescribing or directly dispensing controlled substances, including buprenorphine; but the COVID-19 health emergency has caused regulating bodies to modify this requirement. Click here to read the full article.
March 20, 2020
In anticipation of increased testing and treatment needs, CMS issued guidance on the Emergency Medical Treatment and Labor Act (EMTALA) requirements and implications related to COVID-19. Click here. CMS is continuing to refine and evolve this guidance as emergency departments manage patient surges and operations such as ...
As we previously reported, on April 10, 2020, HHS issued the first disbursement of $30 billion from the CARES Act Emergency Relief Fund for Providers (Relief Fund). On April 24, 2020, HHS announced a second disbursement of $20 billion from the Relief Fund. Per HHS, the second disbursement is intended to “augment [recipients’] allocation so ...
March 27, 2020
The U.S. Department for Health & Human Services Office of Civil Rights (OCR) released guidance on March 24, 2020 to ensure that first responders and others have the information needed to treat the patient and to protect themselves and prevent spreading coronavirus while also complying with HIPAA. This guidance clarifies how ...
April 3, 2020
On March 29, 2020, Vice President Mike Pence sent a letter to hospitals requesting that they report their COVID-19 testing data directly to the Department for Health & Human Services. In particular, the administration requested that academic, university, and in-house labs that were not already sharing their full testing results ...
April 3, 2020
In response to Senate Bill 150 signed into law by Governor Andy Beshear on March 30, 2020 requesting state licensing boards to take several actions to expand licensing activities and their licensees’ scope of practice, the Kentucky Board of Nursing, pursuant to directives and emergency regulations issued by the Governor’s ...
March 20, 2020
Kentucky Medicaid issued the guidance to providers in connection with the response to COVID-19. Highlights of the guidance include:
- waiver of cost-sharing for services associated with COVID-19;
- elimination of prior authorization for COVID-19 related services;
- permission to use of certain codes for FaceTime and telephonic ...
March 27, 2020
CMS granted several Section 1135 waivers to Kentucky, noted in this letter. The waivers include an allowance for temporary Medicaid enrollment of providers who are enrolled in Medicare or another state’s Medicaid and a waiver of prior authorization and medical necessity processes in Medicaid fee for service. The waivers are ...
March 27, 2020
March 25, 2020, the Kentucky Senate passed emergency legislation (SB 150), addressing numerous issues related to the coronavirus pandemic. The legislation has been delivered to the Governor. With regard to healthcare, the legislation covers the following topics:
- Adoption of broad telehealth coverage for both new and ...
May 01, 2020
On April 28, 2020, the Supreme Court of Kentucky issued Amended Order 2020-29 extending certain filing deadlines for the Supreme Court of Kentucky and Kentucky Court of Appeals by thirty days as a result of COVID-19. The deadline extension applies only to specified notices, motions, and briefs that would have been due between May 1 ...
April 3, 2020
On April 1, 2020, the Kentucky Department for Medicaid Services published additional guidance in its updated Provider Telehealth FAQs. Among other updates, DMS clarified that cost sharing for all services is waived, and prior authorization requirements for all medical and behavioral services, including drug benefits ...
March 27, 2020
HHS Secretary Azar sent a letter to all state Governors on March 24, 2020 urging them to take certain actions to expand the health care workforce in response to the coronavirus. These actions include relaxing scope of practice for professionals and allowing professionals to practice in a state even if they are licensed in other ...
April 3, 2020
On March 28, 2020, CMS announced an expansion of its accelerated and advance payment program for Medicare participating health care providers and suppliers, to help ensure that they have the resources needed to combat COVID-19. This expansion, based on changes from the recently enacted Coronavirus Aid, Relief, and Economic ...
March 27, 2020
On March 22, 2020, CMS announced that it is granting exceptions from reporting requirements and extensions for clinicians, providers, hospitals and facilities who participate in Medicare’s quality reporting programs with regard to upcoming measure reporting and data submissions. Medicare extended the MIPS and ACO deadline ...
March 27, 2020
The Kentucky Cabinet for Health and Family Services issued several rounds of guidance related to outpatient rehabilitation services and ultimately encourages providers to determine which services are urgent or emergency versus non-urgent or non-emergent, as with other types of health services. The article authored by Wyatt ...
March 27, 2020
CMS provided guidance loosening certain provider enrollment restrictions to allow for expedited enrollment and provisions of healthcare services during the period of emergency. The article summarizing the guidance is found here.
March 27, 2020
On March 24, 2020, the CDC updated the priorities for testing patients with suspected coronavirus infection.
Priority 1: Hospitalized patients and symptomatic healthcare workers.
Priority 2: Patients with symptoms who are in long-term care facilities, who are 65 years of age and older, who have underlying conditions, or who ...