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Search OptionsInsightsCMS Issues Long Awaited Clarification on Application of EMTALA to Psychiatric Hospitals
On July 2, 2019, the Centers for Medicare and Medicaid Services (“CMS”) issued a letter to State Survey Agency Directors with Frequently Asked Questions on the application of the Emergency Medical Treatment and Labor Act (“EMTALA”) to Psychiatric… 
Department of Justice Publishes New Guidance for Evaluating Corporate Compliance Programs
On April 30, 2019, the United States Department of Justice (“DOJ”) published new recent guidance for corporate compliance programs, entitled “Evaluation of Corporate Compliance Programs.” Such publications are particularly helpful as they provide… 
Say What You Mean and Mean What You Say - Especially to the Feds
The recent settlement between Coffey Health System in Kansas and the U.S. government is a cautionary tale to other healthcare providers: false attestations related to government incentive programs could lead to False Claims Act liability. Coffey… 
Indiana Medicaid Modifies Coverage of Certain Mental Health Services
On May 30, 2019, the Indiana Health Coverage Programs (“IHCP”) released a bulletin (BT201929) stating that it is modifying coverage of crisis intervention, intensive outpatient treatment (“IOT”) and peer recovery services for Indiana Medicaid,… 
Agencies Adopt Final Rule Excluding Community Banks from Volcker Rule
On July 9, 2019, the FRB, FDIC, OCC, CFTC and SEC announced the adoption of a final rule to exclude certain community banks from the Volcker Rule's restrictions on proprietary trading, consistent with the Economic Growth, Regulatory Relief, and… Changes to Indiana Physical Therapy Practice Act Provide Greater Authority to Physical Therapists
The Indiana General Assembly recently passed legislation (“SB 586”), related to the regulation of physical therapists (“PTs”). Health care providers who utilize physical therapists should be aware of the administrative, licensing, and scope of… 
NPDB Insights and Proctoring Arrangements
Various healthcare providers use the National Practitioner Data Bank (NPDB) in connection with credentialing medical staff and reporting adverse corrective actions involving professional competence or conduct of practitioners. On a monthly basis,… 
Indiana Medicaid Halts EnCred Development
On June 12, 2019, the Indiana Family and Social Services Administration (“FSSA”) issued an announcement that it is suspending development of the new enrollment and credentialing system (“EnCred”) for Indiana Medicaid providers. Prior to this… 
Mechanic's Liens Remain Unavailable to Certain Construction Suppliers
Introduction: Indiana’s mechanic’s lien law (“Lien Statute”)[1] allows contractors, lessors of equipment, laborers, and others to place a mechanic’s lien on the project should the property owner or the owner’s general contractor fail to pay for the… 
Amy J. Adolay to speak at the Indianapolis Bar Association's event, The State of Population Health for Employers
Krieg DeVault Partner, Amy J. Adolay, will be speaking at the Indianapolis Bar Association's event, The State of Population Health for Employers, on June 25, 2019 from 5:30 p.m. - 7:30 p.m. for their seminar diving into how employers can impact… 
CMS Moves Closer to Clarifying Hospital Co-Location Rules with Draft Guidance
The Centers for Medicare and Medicaid Services (“CMS”) is seeking public comment on draft guidance regarding hospital co-location with other hospitals or healthcare facilities. The draft guidance, published on May 3, 2019, is CMS’s long awaited… 
Direct HIPAA Enforcement Liability for Business Associates
On May 24, 2019, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a new fact sheet. It compiles the various provisions of the Health Insurance Portability and Accountability Act (HIPAA) that impose direct… 
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