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by Daniel Reed

The Department of Labor (“DOL”) recently provided clarity on issues related to remote work and remote learning.

Reasonable Diligence in Tracking Remote Work Employee Hours

The DOL issued guidance on employers’ obligation to track the work hours of employees who are working remotely due to COVID-19 or due to an already ...

The Equal Employment Opportunity Commission (EEOC) delivered some welcome news for employers this week in the form of guidance clarifying that an employer that permits employees to telework temporarily during the COVID crisis is not automatically locked into allowing telework once the workplace reopens.

As we commented in a prior blog post ...

On September 1, 2020, the Department of Health and Human Services (HHS) announced that assisted living facilities may now apply for Provider Relief Fund payments to help address the economic harm and additional expenses caused by the COVID-19 pandemic. Assisted living facilities that may have previously been ineligible for Phase 2 General ...

As we reported on August 7, 2020, hospitals and providers are facing repayments of loans received this spring through the Medicare Accelerated and Advance Payment Programs. The first of these repayments became due in mid-August, 120 days after the first loans were issued.  These loans were set to be recouped through Medicare claim ...

On September 2, 2020, the Wall Street Journal reported that the federal government is planning to publicize the names of hospitals that have not met COVID-19 data reporting requirements as early as next week.  Hospitals are required to submit data daily to the Department of Health and Human Services (HHS) Protect reporting system on testing ...

On August 28, 2020, the Kentucky Cabinet for Health and Family Services (CHFS) issued updated guidance in a Provider Guidance Memo concerning the determination of the most appropriate setting for care of a resident of a long-term care facility (LTCF) who exhibits symptoms of, or tests positive for, COVID-19.  The updated guidance instructs ...

As we reported last week, the Department of Health and Human Services (HHS) announced that it was developing “performance indicators” for distribution of an additional $2 billion to nursing homes this fall.  On September 3, 2020, HHS published the metrics for evaluating performance for these performance-based incentive payments ...

As schools across the country open (physical or virtual) doors for children this fall, the Department of Labor added new guidance under its list of Frequently Asked Questions addressing FFCRA leave for remote learning programs. According to the DOL’s new guidance, if a child’s school is operating on a hybrid schedule – i.e., where ...

In its August 27, 2020 edition of mlnconnects, CMS announced HCPCS codes to use during the Public Health Emergency (PHE) for Medicare Part B claims that are subject to the cost-sharing waivers (coinsurance and deductible amounts) for COVID-19 testing-related services.  Specific HCPCS Cost-Sharing (CS) modifiers must be used on applicable ...

During August, CMS released a compilation of creative COVID-19 plans implemented by state governments and other entities in the form of a Toolkit on State Actions to Mitigate COVID-19 Prevalence in Nursing Homes.  CMS states this is an informational document only and does not constitute guidance from CMS and does not replace CMS requirements.  

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