Health Care
By: Marc T. Quigley and Brandon W. Shirley
on December 12, 2018
U.S. Deputy Attorney General Rod Rosenstein recently announced changes to criminal and civil corporate investigation protocol during a speech on November 29, 2018. For the past several years, the US Department of Justice (“DOJ”) has attempted to adhere to the Yates Memo, which focused on individual…
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By: Brian M. Heaton and Meghan M. Linvill McNab
on December 3, 2018
The US Department of Health & Human Services updated the National Practitioner Data Bank (“NPDB”) Guidebook, effective October 2018. The last time the Guidebook was revised was April 2015. While the 2015 revision included substantial updates to the regulatory scope, content and display of the…
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By: Amy J. Adolay and Brandon W. Shirley
on December 3, 2018
The U.S. Department of Labor (DOL) recently announced plans to clarify application of federal anti-discrimination requirements on health care providers with Tricare enrollment agreements. The DOL and Tricare providers have long been at odds over whether a Tricare enrollment agreement made one a…
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By: Susan E. Ziel and Thomas N. Hutchinson
on December 3, 2018
Since 2003, the Department of Health and Human Services’ Office of Inspector General (“OIG”), often partnering with other healthcare related organizations such as the American Health Lawyers’ Association and the Health Care Compliance Association, have authored a series of publications for…
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November 18, 2018
A trifecta federal agency approach to expansion efforts related to health reimbursement arrangements (“HRAs”) occurred on October 29, 2018. The Departments of Treasury, Health and Human Services, and Labor (collectively, the “Departments”) jointly announced proposed HRA regulations, effective for…
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By: Susan E. Ziel and Robert A. Anderson
on November 18, 2018
HIPAA, as amended by HITECH, imposes significant requirements on those persons or entities who constitute a business associate as a result of their access to protected health information in the performance of services on behalf of a covered entity.[1] For example, a business associate could be a…
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By: Meghan M. Linvill McNab and Amanda K. Schipp
on November 18, 2018
On November 8, 2018, the Centers for Medicare and Medicaid Services ("CMS") published a proposed rule aimed at Medicaid managed care. CMS indicated its intentions to streamline the managed care framework and relieve regulatory burdens created in the existing managed care regulations, which were…
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By: Thomas N. Hutchinson
on October 28, 2018
Governor Eric Holcomb signed Senate Enrolled Act 221 (“SEA 221”) into law on March 22, 2018, which updated INSPECT requirements for practitioners with a controlled substance registration (“CSR”) in Indiana. Notably, several of the bill’s requirements are effective January 1, 2019. Under SEA 221, all…
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By: Stephanie T. Eckerle and Stacy Walton Long
on October 25, 2018
An ABC television crew was permitted to film on the premises of three Boston-area teaching hospitals, Boston Medical Center (“BMC”), Brigham and Women’s Hospital (“BWH”), and Massachusetts General Hospital (“MGH”). However, the three healthcare providers failed to first obtain patient…
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By: Stephanie T. Eckerle and Susan E. Ziel
on October 8, 2018
On September 17, 2018, the Centers for Medicare and Medicaid Services "CMS" published a proposed rule to reduce burdensome regulations affecting healthcare providers as part of its "Patients Over Paperwork" initiative which began in 2017. More information about the Patients Over Paperwork…
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By: Brandon W. Shirley and Amanda K. Schipp
on October 7, 2018
On October 4, 2018, the Indiana Family and Social Services Administration published a proposed rule (“LSA #18-251”) that overhauls its Medicaid program integrity requirements. LSA #18-251 revises, clarifies, and adds new provisions affecting nearly all business aspects for Indiana Medicaid…
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By: Libby Yin Goodknight and Brandon W. Shirley
on September 18, 2018
On July 10, 2018, President Trump signed an Executive Order (“EO”) that altered the manner in which Federal Administrative Law Judges (“ALJ”) are selected for service from competitive examination and competitive service selection procedures to agency appointments. The changes in the EO were…
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