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Special Restrictions Apply To Substance and Alcohol Rehabilitation Patient Records; Even In A Pandemic

Posted on May 5, 2020 by

The Office of Civil Rights’ “Notification of Enforcement Discretion” regarding COVID- 19 and remote telehealth communications do not apply to information protected under 42 CFR Part 2.  These Part 2 regulations protect the confidentiality of certain substance and alcohol rehabilitation records and generally provide more stringent confidentiality protections than what applies to general medical records […]

Wisconsin Misconduct Incident Reporting System Now Mandatory for Some Providers

Posted on May 4, 2020 by

Use of the Wisconsin Caregiver Misconduct online reporting portal is mandatory beginning May 1, 2020 for some providers and on June 1, 2020 for others.  Most providers will have until June 1, 2020 to be compliant with the mandatory reporting system.  Community Based Residential Facilities, Adult Family Homes, and Residential Care Apartment Complexes were required […]

Treasury Provides Small PPP Forgiveness Clarification Regarding Laid Off Employees

Posted on May 4, 2020 by and

Over the weekend, the Department of Treasury issued an update to their PPP FAQs.  Question #40 clarifies that an employer’s forgiveness amount under PPP will not be impacted if the employer attempts to rehire a previously laid off employee and the employee refuses the offer to be rehired.  The offer from the employer must be […]

SBA Clarifies That Businesses With Adequate Sources of Liquidity May Not Qualify For PPP Loans

Posted on May 1, 2020 by and

The Department of Treasury released updated Protection Program FAQs.  These updated FAQs continue to raise more questions and concerns from PPP borrowers and provide little clarity on SBA expectations and forgiveness. Published on April 28th, FAQ #37 responds to the question “Do businesses owned by private companies with adequate sources of liquidity to support the […]

CMS Issues Additional Regulatory Waivers to Facilitate Reopening

Posted on May 1, 2020 by

The Centers for Medicare & Medicaid Services (CMS) has issued another set of regulatory changes and waivers intended to deliver expanded care to the nation’s seniors, and provide flexibility to the healthcare system during the course of emergence from the Coronavirus pandemic.  The new waivers are aimed at some of the most prominent issues to […]

State Suspends Landlords’ Ability to Collect Late Fees and Penalties during Health Crisis

Posted on April 30, 2020 by

Starting April 25, 2020 the State of Wisconsin has temporarily suspended a residential property landlord’s right to charge tenants late or missed rent fees or penalties.  The suspension is the result of an emergency rule published by the Wisconsin Department of Agriculture, Trade, and Consumer Protection which generally implements rules covering landlord/tenant relationships.  The basis […]

We Received a PPP Loan—Now What?

Posted on April 30, 2020 by and

With a second round of Paycheck Protection Program (“PPP”) funding coming available last week, a large percentage of small businesses either have already received (or will soon receive) the proceeds of a PPP loan. At only one percent interest over two years, PPP loans present a great opportunity, but, obviously, businesses are most interested in […]

You Have Been Named as an Agent Under a Wisconsin Power of Attorney: Now What?

Posted on April 29, 2020 by and

Maybe you were informed ahead of time or maybe you found out when you were first called upon to act.  In any event, someone (a parent, a sibling, a friend, a neighbor) named you as their agent or attorney-in-fact under a Wisconsin power of attorney for finances.[1]  Now what?[2] What Are Your Rights and Responsibilities?  […]

Stark Law COVID-19 Waivers Extended to the Anti-Kickback Statute

Posted on April 28, 2020 by

The Centers for Medicare & Medicaid Services (CMS) issued Blanket Waivers of certain requirements of the Physician Self-Referral Law (Stark Law).  The purpose for the Blanket Waivers is to provide the flexibility providers need in the face of the COVID-19 pandemic. As long as the financial relationship pertains to at least one COVID-19 purpose, the […]

Stark Law Blanket Waivers – What is a COVID-19 Purpose?

Posted on April 27, 2020 by

The Blanket Waivers that the Centers for Medicare and Medicaid Services issued under the Stark Law apply only to financial relationships and referrals that are related to the national emergency that is the COVID-19 outbreak in the United States. Any remuneration described in the Blanket Waivers must be directly between the entity and the physician […]