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Waller | March 2020

On March 4, the Securities and Exchange Commission (SEC) issued an order providing conditional regulatory relief for certain publicly traded company filing obligations under the federal securities laws, as a result of the challenges created by the spread of the coronavirus (COVID-19) for certain companies that are required to provide information to trading markets, shareholders and the SEC ...

Waller | March 2020

1. Has OSHA developed standards specifically with respect to COVID-19, or coronavirus? At this time, OSHA has not created specific OSHA standards for COVID-19. However, OSHA is carefully monitoring the situation. It has created a centralized website for employers to familiarize themselves with the disease, including its transmission and what can be done to protect employees ...

Waller | March 2020

Soccer matches played to 100,000 empty seats. Marathons with 200 runners in silent streets. Business blocks deserted. Restaurants closed. Those areas hardest hit by coronavirus can look like something out of an apocalyptic movie. And now, just two months after the new type of virus was first identified in China, Coronavirus-2019 (COVID-19) has hit the United States. According to the Centers for Disease Control, coronavirus has been found in over 80 countries and 13 U.S ...

Waller | October 2020

President Trump today signed a continuing resolution that will fund the federal government until December 11, 2020. The continuing resolution (the “CR”) also grants relief to the providers and suppliers that were preparing to repay the Medicare accelerated or advance payments they received in response to the COVID-19 pandemic ...

Waller | February 2018

In vacating a jury’s award of almost $54 million based on a finding of willful trademark and trade dress infringement, an Illinois federal district court granted the defendants’ motion for a new trial, finding the trial “fundamentally unfair due to the admission of unreliable and prejudicial expert testimony.” The Black & Decker Corporation et al v. Positec USA Inc.,No. 1:2011cv05426 (N.D. Ill. Sept. 11, 2017) ...

Waller | April 2021

Recently, the Consumer Financial Protection Bureau (CFPB) rescinded seven policy statements issued during 2020 that provided temporary relief for financial institutions in consumer financial markets including mortgages, credit reporting, credit cards and prepaid cards ...

Waller | March 2020

Businesses who are covered by the CARES Act and who are planning to make large-scale layoffs this week might consider pressing pause. The Senate is presently debating the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), originally introduced late on March 19, 2020 ...

Waller | March 2020

The U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (DOL) have announced aplanto implement the Families First Coronavirus Response Act (the Act) ...

Waller | March 2019

In December 2018, Part I of this column was based on the Proposed 199A Regulations1 and included the applicable definitions and the basic concepts and mechanics of the 199A 20% deduction of Qualified Business Income (“QBI”) up to the 20% of the excess of the taxpayer’s taxable income over the taxpayer’s net capital gain ...

Waller | March 2020

Just 24 hours after the President signed the CARES Act into law, the Centers for Medicare & Medicaid Services (CMS) expanded the scope of its Accelerated and Advance Payment Program to include additional Part A providers and Part B suppliers. CMS outlined the program expansion in a fact sheet. The accelerated payments are intended to provide immediate cash flow relief to providers and suppliers focused on treating the flood of COVID patients ...

Waller | April 2020

The COVID-19 crisis has increased the need for behavioral services and has also led to some opportunities for providers ...

Waller | April 2020

On April 19, 2020, the Centers for Medicare and Medicaid Services (CMS) published guidance (the “CMS Guidance”) for reopening facilities to provide elective procedures or “non-emergent, non-COVID-19 healthcare ...

Waller | April 2020

The Centers for Medicare & Medicaid Services hasrecently announced an unprecedented “Hospitals Without Walls” program to aid in the fight against COVID-19. The goal of this program is to ensure that local hospitals and health systems have the capacity to handle a potential surge of COVID-19 patients through temporary expansion sites including other, non-affiliated healthcare providers and even unlicensed locations such as community centers and schools ...

Waller | March 2020

On March 23, 2020, the Centers for Medicare & Medicaid Services (CMS) released an FAQ on Medicare provider enrollment relief, noting several key changes aimed at streamlining and expediting provider enrollment in light of COVID-19. Physicians and non-physician practitioners may now enroll and receive temporary billing privileges without certain fingerprint-based criminal background checks and site visits ...

Waller | April 2020

On April 6, 2020, the Centers for Medicare and Medicaid Services (CMS) published an interim final rule in the Federal Register that, among other initiatives and changes to existing policy, allows certain inpatient hospital services to be provided “under arrangements” outside of the hospital. The “March 2020 IFC” is intended to give healthcare providers increased flexibility to respond to the public health emergency created by COVID-19 ...

Waller | March 2020

On March 23, 2020, the Centers for Medicare & Medicaid Services (CMS) announced updates to its survey process in response to COVID-19 (press release,press release, andmemo). Specifically, as authorized pursuant to section 1135(b)(5) of the Social Security Act, CMS is prioritizing certain surveys and exercising enforcement discretion for all certified provider and supplier types for the next three weeks ...

Waller | August 2020

A new reimbursement model intended to address healthcare access and availability in rural communities was introduced by The Centers for Medicare & Medicaid Services (CMS) Innovation Center. The Community Health Access and Rural Transformation (CHART) Model will “provide up-front investments and predictable, capitated payments that pay for quality and patient outcomes,” according to CMS ...

Waller | March 2020

On March 30th, the Centers for Medicare and Medicaid Services (CMS) announced a number of regulatory reforms aimed at giving healthcare providers more tools to combat COVID-19 ...

Waller | March 2020

On March 30th, the Centers for Medicare and Medicaid Services (CMS) announced a number of regulatory reforms aimed at giving healthcare providers more tools to combat COVID-19 ...

Waller | March 2020

The focus on the response to the Coronavirus (COVID-19) has primarily centered around prevention and containment but the government and commercial payors have also addressed healthcare operational matters that encourage prompt diagnosis, treatment and monitoring through billing and reimbursement modifications and expansion of telehealth services ...

Waller | June 2018

The Commodity Futures Trading Commission (CFTC) has clarified the priorities and expectations when a designated contract market (DCM) or swap execution facility (SEF) lists new virtual currency derivatives or when a derivatives clearing organization (DCO) clears virtual currency derivatives.   Background and Key Terms The CFTC is an independent federal agency that administers the Commodity Exchange Act, which regulates transactions in commodity interests ...

Waller | May 2018

Earlier this year, the Congressional Budget Office (CBO) released its report on the direct spending and revenue effect of H.R. 1628, the American Health Care Act of 2017 (AHCA), as passed by the House of Representatives. CBO made this estimate in conjunction with the Joint Committee on Taxation ...

Waller | July 2020

CHALLENGE Promise Healthcare Group, LLC was one of the nation’s largest healthcare providers focused on post-acute care services. The investor-owned company operated two freestanding medical-surgical hospitals, 14 long-term acute care hospitals (LTACHs), and two skilled nursing facilities. The company also had 45 affiliates across eight states ...

Waller | April 2020

Last month, Waller published an article (Bank Interagency group offers guidance on working with borrowers affected by COVID-19) analyzing guidance issued by the federal financial regulatory agencies encouraging lenders to “work constructively with borrowers” and offer loan modification programs in a safe and sound manner to mitigate the adverse effects of COVID-19 ...

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