Recorded Series: Preparing for the End of the Federal PHE
Recorded: November-December 2022
Throughout the COVID-19 public health emergency (PHE), federal and state governments used a combination of emergency declarations, waivers, enforcement discretion, and sub-regulatory guidance to ensure access to health care and give providers the flexibilities needed to respond to COVID-19.
In January 2020, the Secretary of the Department of Health and Human Services (HHS) issued the first federal PHE declaration for COVID-19. Renewed every ninety days, the federal PHE determination allowed the Secretary of HHS to waive or modify certain Medicare, Medicaid, Children’s Health Insurance Program (CHIP) and HIPAA Privacy Rule requirements. Agencies within HHS, including the Health Resources & Services Administration (HRSA), issued guidance on PHE-related flexibilities for health centers.
Last renewed on October 13, 2022, many anticipate that HHS will allow the federal PHE declaration to terminate in January 2023. At the end of the federal PHE, many of the waivers and flexibilities will terminate, as they were intended to address the acute and extraordinary circumstances of a rapidly evolving pandemic and not replace existing requirements.
To prepare for the end of the federal PHE, health centers should understand what flexibilities will no longer apply, what requirements will be reinstated and what enforcement actions are expected. Join FTLF attorneys for this six-part webinar series which will provide a review of the key impacts on health centers given the eventual end of the federal PHE.
- Health Center C-Suite and Executive Leadership
- Compliance Officers and Compliance Staff
- Risk Managers
- Finance Staff
- Administrative/Operations Leadership and Staff
- In-House Counsel
After this webinar series, you will be able to:
- Understand what flexibilities will no longer apply after the end of the PHE
- Explain which requirements will be reinstated
- Describe the major enforcement actions health centers can expect
Marty has dedicated his entire career to serving the needs of health centers both inside government and out. From 1998 through 2004, Marty directed the Health Center Federal Tort Claims Act medical malpractice program, writing much of the policy that is in effect today. Marty Bree has more than thirty years of experience working with health centers and the FTCA Program. [Full Bio]
A Partner in the firm’s health law practice group, Molly advises health centers on the management of clinical, employment and workforce-related risks, with a particular focus on professional liability, Federal Tort Claims Act, and HIPAA matters. From her experience as both a private attorney and in-house counsel, Molly knows the importance of managing liability and risk issues in mission-driven organizations. [Full Bio]
Adam J. Falcone is a Partner in FTLF’s national health law practice group, where he counsels a diverse spectrum of community-based organizations that render primary and behavioral healthcare services. Adam counsels clients on a wide range of health law issues, with a focus on fraud and abuse, reimbursement and payment, and antitrust and competition matters. [Full Bio]
Kathy is a Partner in Feldesman Tucker’s health law practice group. In the area of health law, Kathy’s practice focuses on government-sponsored health care programs such as Medicaid, CHIP, Medicare, and the Affordable Care Act, with an emphasis on payment/reimbursement and compliance related issues. Kathy also represents clients in government investigations and audits, litigation before federal and state courts, as well as in administrative appeals with the U.S. Department of Health and Human Services Departmental Appeals Board (DAB) and Provider Reimbursement Review Board (PRRB). She provides reimbursement counseling (including identification, reporting, and repayment of overpayments) with respect to Medicare, Medicaid, and private third-party payors. [Full Bio]
SUSANNAH VANCE GOPALAN
Susannah is a Partner in the firm’s health law practice group where she focuses on health care litigation and regulatory counseling, with a focus on Medicaid and Medicare payment, financing, and compliance issues. Susannah brings regulatory expertise to bear when advising clients and pursuing litigation on their behalf. She has experience negotiating Medicaid waivers and managed care arrangements on behalf of providers, provider associations, and governmental entities. She represented a group of providers in reaching a settlement in major Medicaid litigation. [Full Bio]
As Partner and Compliance Counsel with the firm’s health law practice group, Dianne advises health centers on implementing effective compliance programs and on addressing top compliance risk areas. Dianne counsels health centers and other organizations on developing compliance programs that include the OIG’s seven elements, respond to identified compliance risk areas, and reflect the organization’s culture. Dianne also advises health centers and other organizations on patient privacy and confidentiality, including the HIPAA Privacy Rule and 42 CFR Part 2. She has experience responding to privacy and security incidents, including determining whether there has been a breach, notifying patients and the government, and creating corrective action plans. [Full Bio]
Carrie Riley is a Partner in the health law, non-profit and corporate law, and federal grants law practice groups. She counsels a wide variety of health care clients, including Title X grantees and subrecipeints, and other private and public health care providers, on contracting, regulatory compliance, fraud and abuse, and reimbursement matters. Carrie also provides counsel on transactional matters, including formation and agreements for multi-provider affiliations/joint ventures, general contracting, and residency training arrangements. [Full Bio]
A Partner at the firm, Marcie specializes in health care law, particularly in the areas of federal grants, grant-related requirements and grants management related to the federal health center program. Health centers turn to Marcie as a resource for knowing not only the letter of the law, but also the likely interpretation of requirements by federal policymakers, including the Health Resources and Services Administration (HRSA). [Full Bio]
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