Health Care Compliance in a Post-Pandemic World

Health care partner Steve Lokensgard and associates Larissa Morgan and Jacob Hauschild coauthored an article for Compliance Today on what compliance officers need to know regarding educating their staff on changes required with the expiration of the COVID-19 public health emergency (PHE).

The authors identify key waivers that will continue or expire to assist compliance officers in adapting policies and procedures to the post-pandemic world while focusing on certain types of providers and issues. They also share five takeaways:

1. The shift in post-PHE requirements presents increased challenges for compliance professionals who must equip staff to adjust again to a new, but once familiar, normal.
2. Flexibilities terminating at the expiration of the PHE include conditions of payment, such as a waiver of local coverage determination requirements for certain items and services, as well as conditions of participation.
3. Flexibilities that improved provider capabilities to meet demand in traditional health care settings are largely set to revert to pre-pandemic rules immediately following the end of the PHE.
4. Key flexibilities will end upon the PHE’s expiration, changing Medicare’s scope of reimbursable services and items.
5. The Consolidated Appropriations Act of 2023 extended many telehealth flexibilities through the end of 2024, but certain flexibilities will end with the PHE.

The full article is available for Compliance Today subscribers.