Health Care
By: Stacy Walton Long and
on December 2, 2019
The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) recently announced that it imposed $2,154,000 in civil money penalties (CMPs) against Jackson Health System (“Jackson”) for multiple violations of the Security and Breach Notification Rules of the Health…
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By: Susan E. Ziel and Sarah Stites Millspaugh
on December 2, 2019
The National Practitioner Data Base (“NPDB”) is a confidential clearinghouse established by Federal laws[1] and regulations[2] in order to promote quality, to protect the public and to reduce healthcare fraud and abuse. The U.S. Department of Health and Human Services (“HHS”) is responsible for…
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By: Meghan M. Linvill McNab and
on November 11, 2019
On November 12, 2019, Seema Verma, Administrator for the Centers for Medicare and Medicaid Services (“CMS”) spoke to the National Association of Medicaid Directors. As part of that speech, Administrator Verma emphasized the need for transparency in Medicaid programs, particularly Medicaid…
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By: Andrew W. Breck and Robert A. Anderson
on October 28, 2019
CMS recently issued a final rule on discharge planning requirements for hospitals, critical access hospitals (“CAHs”), and home health agencies (“HHAs”). The new regulations focus on the exchange of patient information between healthcare facilities in the discharge process. The final rule allows…
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By: Susan E. Ziel and Robert A. Anderson
on October 28, 2019
Does your organization have a policy relating to verification of exclusion from Federal and State healthcare programs? If so, does your Policy comply with all applicable requirements? Requirements include the following:
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By: Thomas N. Hutchinson and
on October 27, 2019
In the age of increased access to online review platforms such as Google, Facebook, Healthgrades, and Vitals, healthcare providers face the difficult task of managing negative reviews. It can be tempting to respond to negative reviews in an effort to resolve problems. However, these platforms pose…
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By: Brandon W. Shirley and Robert A. Greising
on October 7, 2019
The Health and Human Services Office of Inspector General (“OIG”) recently published an Advisory Opinion (“AO 19-04”) concerning the use of online platforms for finding and booking physician appointments and physician marketing. While the OIG determined that the platform and payment structure…
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By: Stacy Walton Long and
on October 7, 2019
Earlier this year, the Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced its Right of Access Initiative. The Right of Access Initiative promises to vigorously enforce the rights of patients to receive copies of their medical records without facing…
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By: Brandon W. Shirley and Meghan M. Linvill McNab
on October 7, 2019
In a decision dated September 17, 2019, a Federal judge invalidated a 2018 Centers for Medicare and Medicaid Services (“CMS”) regulation that attempted to align Medicare Part B payments for Evaluation & Management (“E&M”) services in hospital outpatient departments (“OPD”) with the lower rates paid…
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By: Stacy Walton Long and
on September 16, 2019
The Indiana Scheduled Prescription Collection and Tracking (“INSPECT”) program is an online tool that maintains a clearinghouse of patient information for health care professionals. The INSPECT database limits access to certain individuals and entities including the following: health care…
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By: Susan E. Ziel and Andrew W. Breck
on September 16, 2019
Health care, and its many statutory, regulatory and industry “yardsticks” are ever-changing and require regular attention. In order to stay close to the action, particularly with respect to matters concerning corporate compliance, there are at least three online sources to consider. The first is…
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By: Brandon W. Shirley and Meghan M. Linvill McNab
on September 16, 2019
In a new rule effective November 4, 2019, the Centers for Medicare & Medicaid Services (“CMS”) expanded Federal and State authority to punish providers with a troubled history or for affiliating with “bad actors” (the “New Rule”). In announcing the New Rule, CMS Administrator Seema Verma…
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