Today we call it Veteran’s Day to honor all that have served, but for both my grandfathers it was Armistice Day. As young men, they did not know each other but were both in trenches in Europe on November 11, 1918, when WWI ended. It was supposed to be the War to End All War, … Read more
Waiver or Modification of Requirements Under Section 1135 of the Social Security Act September 16, 2020 Pursuant to Section 1135(b) of the Social Security Act (the Act) (42 U.S.C. § 1320b-5), I, Alex M. Azar II, Secretary of Health and Human Services, hereby waive or modify the following requirements of titles XVIII, XIX, and … Read more
Hospitals across the country have been contacting me in the past few days with the same question — receiving hospitals are demanding we sign sketchy transfer agreements. How does that fit with EMTALA? The answer, unfortunately, is not clearly addressed in EMTALA, but CMS representatives have expressed their enforcement views on the subject over the … Read more
On July 23, HHS Secretary Azar issued the following extension to the national emergency declaration for Covid-19. The effect of the extension is to continue the various HHS emergency rules suspensions or amendments that healthcare providers are currently operating under. The extension is in effect for 90 days (October 23, 2020) or until earlier rescinded. … Read more
A raging debate among the public and even among healthcare providers is constantly in the news — Do face coverings or masks mandates make sense for the public? When it comes around to future lawsuits over the Wuhan Virus treatment [a certainty in our litigious culture] big money will be riding on it. So, what … Read more
On April 30, CMS issued a new FAQ (13 pages) on EMTALA compliance vs. Covid. One FAQ is: Q: As a rural hospital, we have utilized our ER ambulance bay to use as a drive through COVID-19 testing location for patients that have been evaluated via telemedicine through our rural health clinic. Is it permissible … Read more
4/8/2020 –CMS has issued revised guidance on EMTALA for Critical Access Hospitals (applicable to all hospitals — correction 4/15) covering questions on patient transfer and other EMTALA compliance issues in light of the partial blanket waiver on EMTALA. While specifically directed to CAH’s, the revisions are informative for all providers. The memo was revised to … Read more
3-31-2020 19:00 CDT — CMS has just released a 26-page list of waivers for the Covid-19 emergency, including the long-awaited clarification on EMTALA. My thanks to Dr. Todd Taylor for getting it to me within 30 minutes of its release. The lengthy document waives numerous other federal requirements for hospitals, critical access hospitals, and psychiatric … Read more
Waiver or Modification of Requirements Under Section 1135 of the Social Security Act March 13, 2020 Pursuant to Section 1135(b) of the Social Security Act (the Act) (42 U.S.C. § 1320b-5), I, Alex M. Azar II, Secretary of Health and Human Services, hereby waive or modify the following requirements of titles XVIII, XIX, and XXI … Read more
[Publisher’s Note: The following memoranda apply specifically to the 2014 outbreak of Ebola and 2009 FAQ concerns for a pandemic, but it is equally applicable to the current potential pandemic for COVID-19 when assessing EMTALA compliance.] DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services7500 Security Boulevard, Mail Stop C2-21-16Baltimore, Maryland 21244-1850Center … Read more