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COVID-19 RESOURCES

Mellette PC is dedicated to keeping our clients abreast of the constant changes the health care landscape is currently undergoing in response to the COVID-19 pandemic. To that end please see the list of federal, state, and Mellette PC resources and a… Read More
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Virginia Department of Social Services Division of Licensing Programs Moves to an Online Platform for Assisted Living Facility Initial Applications

On March 18, 2022, the Virginia Department of Social Services’ Division of Licensing Programs announced the launch of the Virginia Enterprise Licensing Application (“VELA”).[1] Providers can now access the online portal to begin an application… Read More
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AHLA Article - How Covid Changed the Rules: Reappraising the Future of COVID-19 Waivers

On April 7, 2022, the American Health Law Association published a briefing prepared by Elizabeth Coleman, Peter Mellette, and Shannon Porterfield. The article addressed the CMS 1135 pandemic waivers and their likelihood of survival, updating the auth… Read More
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Another Surprise! You May Be Subject to Good Faith Estimate Requirements Under the No Surprises Act

On January 1, 2022, a new law, the No Surprises Act (“NSA” or “the Act”), went into effect. The NSA touches virtually every licensed health care provider, facility, insurer, and health plan aiming to protect consumers from unanticipated and h… Read More
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Surprise, Surprise!: CMS Issues the “No Surprises Act” in its Interim Final Rule Parts I and II

Introduction The No Surprises Act, part of the Consolidated Appropriations Act of 2021, prohibits surprise medical bills for patients when they seek emergency services or when patients receive certain services from out-of-network providers at in-netw… Read More
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More Reason to Jab: CMS Issues Emergency Regulation Requiring Most Health Care Employees at Medicare or Medicaid Certified Providers and Suppliers to Receive COVID-19 Vaccinations

Introduction On November 5, 2021, CMS published a new Interim Final Rule revising the requirements of participation for Medicare and Medicaid certified providers and suppliers to include a COVID-19 vaccination requirement for provider and supplier st… Read More
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Reasonable and Necessary, Breakthroughs in Reverse; CMS Changes Course on Breakthrough Medicare Device Coverage and Definition of “Reasonable and Necessary”

Introduction On September 1, 2020, CMS published a new proposed rule designed to create a streamlined Medicare coverage pathway for new and innovative medical devices deemed “breakthrough” by the Food and Drug Administration (“FDA”). Had the… Read More
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Getting Into the Gory Details: Detailed COVID-19 Information About Nursing Homes Publicly Available on CMS.gov

On September 21, 2021, the Centers for Medicare & Medicaid Services (CMS) announced a new feature on Medicare.gov to make it easier for people to check for COVID-19 vaccination rates among nursing home staff and residents. This tool is a result o… Read More
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Virginia Board of Medicine Prioritizes Patient Access to Services in New Telemedicine Guidance Document

In the midst of the COVID-19 pandemic, businesses had to find new, evolving ways to continue to provide goods and services safely to their clients and patients. Health care providers were no exception; however, emergency federal and state telemedicin… Read More
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EEOC Gives Employers a Jab: The Employer’s Right to Require Vaccinations and to Give Them

The United States Equal Employment Opportunity Commission (“EEOC”) has maintained published guidance on how the COVID-19 pandemic impacts existing US labors laws, particularly the Americans with Disabilities Act (“ADA”), Title VII of the Civi… Read More
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