On July 16, 2020, the Court of Justice of the European Union (CJEU) in Luxembourg issued its long-anticipated decision in the case of Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). The decision concludes two years of litigation of a complaint initiated by Austrian privacy…
The Indiana Office of Medicaid Policy and Planning (“OMPP”) announced new changes to telemedicine reimbursement that aligns all Medicaid payor policies (fee-for-service and Medicaid managed care). The changes, applicable to claims with dates of service beginning September 24, 2020, allow providers…
In the recent case of Jernagan v Indiana University Health a/k/a Indiana University Health ACO, Inc. a hospital clerk provided the patient with an anesthesiologist’s business card on the morning of his surgery. The Indiana Court of Appeals held that may not have provided reasonable notice of the…
Governor Holcomb recently issued Executive Order 20-45 extending the ability of certain health care providers to practice in the State of Indiana in response to the current COVID-19 public health emergency. Specifically, the Executive Order applies to the following health care professionals who…
On November 18, 2019, the Medicaid world was “rocked” when the Centers for Medicare and Medicaid Services (“CMS”) published a proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”). While intending to strengthen the fiscal integrity and promote transparency of the Medicaid…
For years, many experts have predicted the disappearance of private medical practices in favor of hospital-employed arrangements. In fact, a 2019 Merritt Hawkins study found that 45% of final-year medical residents were open to hospital employment. This compares to just 36% in 2014 and 22% in 2008.…
The Department of Health and Human Services, Office of Inspector General (“OIG”) conducted an audit and published a new report (“Report”) that identifies inconsistencies and questionable extrapolation practices used by Medicare contractors to identify Medicare Part A and B overpayments. While the…
On August 25, 2020, CMS issued an Interim Final Rule (“New Rule”) revising regulations for numerous provider types in response to the COVID-19 public health emergency. With respect to Skilled Nursing Facilities for Medicare and Nursing Facilities for Medicaid (collectively, “Nursing Homes”), the New…
In a pair of press releases, the Office of Civil Rights (“OCR”) announced that it had resolved unrelated complaints relating to religious liberty in the context of overzealous Covid-19 precautions. The first case involved a hospital preventing a Catholic priest from visiting with a seriously…
Earlier this year, the U.S. Government Accountability Office (“GAO”) issued a Report to Congressional Requesters (“Report”) recognizing state views on administration challenges with the Medicaid program. The audit informing the Report lasted nearly two years and was conducted in response to a…
House Bill 1004 (“HB 1004”), signed into law earlier this year, imposes new patient billing requirements affecting health care providers and health care facilities beginning July 1, 2020. With few exceptions, HB 1004 requires health care providers and facilities to give a patient a good faith…
Late last week, the Department of Health and Human Services (“HHS”) updated its Frequently Asked Questions (“FAQ”) webpage to provide guidance on the tax treatment of payments received under the Public Health and Social Services Emergency Fund (the “Provider Relief Fund”). The new FAQ makes it…
