Prepare for Changes Under New Mexico Senate Bill 152

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by Little West and Kaitlyn Luck

On April 5, 2021, the Governor of New Mexico signed Senate Bill 152 (SB152) into law. SB 152 amends the Continuing Care Act (Section 24-17-4 NMSA 1978, (the Act) to address issues that have arisen involving the solvency of Continuing Care Communities, with little or no equity to cover shortfalls, and the disproportionate impacts that occur from the need to relocate residents on very short notice. Read more

Healthcare Employers Spared Burden of FFCRA By Last Minute DOL Guidance

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By Bradley Cave

The Families First Coronavirus Response Act created a bizarre contradiction for healthcare employers.  While hospitals, clinics and other patient care providers worked under great strain to care for patients, with COVID-19 and other maladies, the Act would have permitted employees of healthcare providers to be absent from work, sometimes with pay, in some situations for up to 12 weeks.  Saturday afternoon, the DOL issued new guidance to greatly expand the scope of employees that healthcare providers can exclude from the leave rights under FFCRA, sparing providers from crippling staff shortages during this pandemic.

FFCRA permitted employers to elect to exclude healthcare providers and emergency responders from the leave rights created by the act.  However, the act did not define emergency responder, and borrowed the FMLA’s narrow definition of healthcare provider.  As the act was written, healthcare employers could exclude only doctors, nurse practitioners and physicians’ assistants, along with a handful of other licensed professionals, from the leave rights under the act.  Notably, RNs, LPNs and CNAs were not on the list of employees that could be excluded, nor were pharmacists, pharmacy techs, any type of therapists, or any of the support staff necessary to operate a hospital, nursing home or medical practice. Read more

Health Provisions/Medicare & Medicare Extenders/OTC Drugs

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By Karina Sargsian and Kim Stanger

The CARES Act adopts several measures to help stabilize the healthcare system, address health care issues directly and indirectly related to the current pandemic and ensure future preparedness. It also allocates $100 billion of direct funding to help hospitals keep their doors open. Many of the provisions are only tangentially related to the current pandemic, such as re-appropriations for a variety of health programs. Read more

Healthcare Employers and the Families First Coronavirus Response Act

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By Brit (Brittany) Merrill, S. Jordan Walsh, and Bradley Cave

The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020 and becomes effective on April 2, 2020. As part of the FFCRA Congress enacted the Emergency Family and Medical Leave Expansion Act (“Expansion Act”) and the Emergency Paid Sick Leave Act (“Sick Leave Act”). Sections I and II below summarize how the Expansion Act and the Sick Leave Act will apply to employers generally. Please contact your Holland & Hart attorney for specific questions relating to your workforce. Read more

CMS Issues Final Rule on Price Transparency by Healthcare Facilities

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By Little V. West, Kaitlyn Luck, and Lisa Carlson

On November 15, 2019, CMS issued a final rule pursuant to President Trump’s June 24, 2019, Executive Order to ensure price transparency by healthcare facilities. This price transparency rule will go into effect January 1, 2021, and will require hospitals operating within the United States to establish, update, and publicize all standard charges for all items and services provided by the hospital. Hospitals will also be required to display, in a consumer-friendly manner, standard charges for at least 300 shoppable services provided by the hospital. The stated purpose of this rule is to “increase market competition, and ultimately drive down the cost of healthcare services, making them more affordable for all patients.”

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