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COVID-19 RESOURCES
June 13th, 2022
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…
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Virginia Department of Social Services Division of Licensing Programs Moves to an Online Platform for Assisted Living Facility Initial Applications
April 28th, 2022
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…
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AHLA Article - How Covid Changed the Rules: Reappraising the Future of COVID-19 Waivers
April 15th, 2022
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…
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Another Surprise! You May Be Subject to Good Faith Estimate Requirements Under the No Surprises Act
February 24th, 2022
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…
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Surprise, Surprise!: CMS Issues the “No Surprises Act” in its Interim Final Rule Parts I and II
November 12th, 2021
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…
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Reasonable and Necessary, Breakthroughs in Reverse; CMS Changes Course on Breakthrough Medicare Device Coverage and Definition of “Reasonable and Necessary”
October 14th, 2021
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…
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Virginia Board of Medicine Prioritizes Patient Access to Services in New Telemedicine Guidance Document
July 26th, 2021
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…
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Seven Year Regulatory Cycle: Revisions to the State Medical Facilities Plan for Cardiac Catheterization and Occupancy Standards for Nursing Home Beds Effective March 31, 2021
April 2nd, 2021
Revisions to the State Medical Facilities Plan (“SMFP”)—to be replaced over the next 2 years by the State Health Services Plan (“SHSP”)—took effect March 31, 2021. These revisions (1) implement new review criteria for cardiac catheterizat…
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The Designated Support Person: A Different Kind of DSP
March 29th, 2021
Introduction Governor Northam recently signed into law a statute that will require certain licensed medical facilities in Virginia to always allow “designated support persons” to visit and assist patients with disabilities. This statute will be e…
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Final Rules Provide Medicare Patients and Physicians Greater Flexibility and Lower Costs
January 13th, 2021
On December 2, 2020, CMS announced new Outpatient Prospective Payment System (“OPPS”) and Ambulatory Surgical Center (“ASC”) final rules. Buried within are several provisions which will permit more surgeries to be performed in ASCs, thereby i…
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