Photo of Melissa (Lisa) Thompson

Lisa Thompson advises companies, senior management, and boards of directors, with a focus on the health care, life sciences, technology, and food and beverage industries. She is a member of the firm’s Health Law Group, Government Investigations, Food and Beverage Industry Group, and Data Privacy + Cybersecurity Team. Lisa is co-chair of the Health Law Section of the Boston Bar Association. She also serves as an international and domestic arbitrator on the Commercial, Life Sciences, and Health Care panels of the American Arbitration Association. She is a member of the AAA Life Sciences Advisory Council and the advisory committee for the Boston International Arbitration Council (BIAC).

Lisa has represented domestic and international clients in the health care, life sciences, technology, and food and beverage industries. Lisa handles a range of matters, including corporate law and contracting, government investigations and audits, clinical research law, and matters involving Institutional Review Boards (IRBs). She has extensive experience representing clients on matters involving privacy and security including HIPAA, reimbursement, Medicare and Medicaid, state and federal surveys and termination actions, managed care disputes, pharmacy and compounding laws, fraud and abuse, Stark Law, anti-kickback, and federal program exclusions. Read her full rc.com bio here.

On April 19, 2020, the Centers for Medicare & Medicaid Services (CMS) issued recommendations for Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I. The recommendations apply to areas with a low, or relatively low and stable incidence of COVID-19, in states or regions that have passed Phase I gating criteria that were previously announced by the Administration on April 16, 2020. Initially, the recommendations apply to non-emergent care that is currently on hold, such as chronic disease care, surgery and other procedures, and, eventually, preventive care. CMS is strongly urging maximum use of telehealth.  For healthcare systems and facilities that are considering resuming in-person care, CMS recommends careful planning with state public health authorities. The recommendations also caution that all facilities should continually evaluate whether their area continues to have a low incidence of COVID-19 and be prepared to cease non-essential procedures if there is a surge.
Continue Reading CMS Issues Phase-In Recommendations for Non-COVID Non-Emergent Care

On April 17, 2020, Massachusetts bill S. 2640 was signed into law by Governor Charlie Baker.  The law provides certain liability protections for the acts or omissions of defined health care professionals, health care facilities and volunteer organizations, occurring during the period of the COVID-19 emergency that was declared on March 10, 2020.
Continue Reading New Massachusetts Law Provides Liability Protections for Health Care Professionals, Health Care Facilities and Volunteer Organizations During COVID-19 Emergency

On April 9, 2020 the Centers for Medicare and Medicaid Services (CMS) updated blanket waivers issued previously in response to the COVID-19 public health emergency. According to CMS, the new waivers “focus on reducing supervision and certification requirements so that practitioners can be hired quickly and perform work to the fullest extent of their licenses.” The blanket waivers have a retroactive effective date of March 1, 2020 and do not require a waiver request or notice to CMS to apply.
Continue Reading CMS Updates Blanket Waivers to Help Expand Health Care Workforce

Massachusetts continues to issue additional directives and guidance for the health care provider community in response to COVID-19. In this post we highlight new orders by Massachusetts Governor Baker, the Massachusetts Department of Public Health (DPH), and MassHealth. Updates include expanded license reciprocity for non-physicians, independent practice of certain Advanced Practice Registered Nurses (APRNs), waiver of certain MassHealth requirements in the discharge and transfer of long-term care patients, and authorization for EOHHS to establish temporary rates, supplemental payments, or alternative rates and payment methodologies for certain providers. MassHealth has also issued FAQs for behavioral health providers utilizing telehealth to provide services.
Continue Reading Massachusetts Issues Further COVID-19 Updates for Providers

In this article, we highlight additional updates issued by state and federal government authorities for the health care community in Massachusetts related to COVID-19. This post addresses the Section 1135 waivers granted by the Centers for Medicare and Medicaid Services (CMS) related to MassHealth and CHIP, Massachusetts Department of Public Health (DPH) orders and guidance regarding Determination of Need and nurse staffing ratios, and MassHealth guidance for providers and pharmacies.
Continue Reading CMS grants Massachusetts Section 1135 Waiver, DPH issues Guidance regarding Determination of Need and Nurse Staffing Requirements, and MassHealth Issues Provider and Pharmacy Guidance

On March 25, 2020, the Office of Inspector General, Health and Human Services (OIG) issued two frequently asked questions (FAQs), clarifying its March 17th Policy Statement Regarding Physicians and Other Practitioners That Reduce or Waive Amounts Owed by Federal Health Care Program Beneficiaries for Telehealth Services During the 2019 Novel Coronavirus (COVID-19) Outbreak (Policy Statement).
Continue Reading OIG Issues FAQs on its Policy for Waiver of Patient Cost Sharing Obligations for Telehealth During COVID-19 Public Health Emergency

On March 23, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that, effective immediately, it is temporarily postponing routine facility inspection and focusing on infection control and situations involving Immediate Jeopardy (where patient safety is placed in imminent danger). CMS is rolling out a new focused survey and inspection process to assess whether facilities are prepared for COVID-19, and has published a fact sheet describing the initiative. This will apply to inspections of all Medicare and Medicaid certified provider and supplier types across the country, such as long term care facilities (nursing homes), hospitals, and CLIA laboratories.
Continue Reading CMS Announces Targeted Plan for Healthcare Facility Inspections in Light of COVID-19

On March 20, the Connecticut Office of Health Strategy (OHS) issued new guidance (Guidance) on the process for requesting a certificate of need (CON) waiver for projects related to the COVID-19 response. See our analysis of the initial OHS guidance on CON waivers here.
Continue Reading OHS Streamlines Application Process for CON Waivers to Respond to COVID-19

Rhode Island has issued important updates for health care providers related to COVID-19, available at https://health.ri.gov/diseases/ncov2019/for/providers/.  Providers should be aware of these updates including, among others, the following described below.
Continue Reading Rhode Island Issues Emergency Regulations on Off-Label Prescribing for COVID-19, and Guidance on Telehealth and Reciprocal Licensure