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New CMS Proposed Rule - Reducing Regulatory Burden For Healthcare Providers

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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Indiana Medicaid publishes a proposed rule overhauling its Medicaid program integrity requirements

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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Trump Administration Makes Changes to Appointment of Federal Administrative Law Judges

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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OIG Advisory Opinion No. 18-08: Fire Departments' Mutual Aid Agreements

By: Thomas N. Hutchinson on September 18, 2018

On August 7, 2018, the Office of Inspector General (OIG) issued Advisory Opinion No. 18-08, which evaluated a proposal by six government-operated fire departments (the “Departments”) to enter into a mutual aid agreement to provide unscheduled, backup emergency ambulance services (“Backup Services”)…

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Medicare Attempts Streamlining

By: Thomas N. Hutchinson and Meghan M. Linvill McNab on August 22, 2018

As reported in CMS’s MLNConnects (click here for release), CMS recently proposed significant regulatory changes that would reduce the burden of Medicare paperwork and thereby increase the amount of time that physicians and other clinicians can spend with their patients. The proposed rules are…

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HIPAA Assessments... Here's Looking at You!

By: Susan E. Ziel and Stacy Walton Long on August 22, 2018

Whether you are the Privacy Officer, the Security Officer, or both, the question remains the same.  When was the last time you scheduled a "walk through" of your work space for the sole purpose of looking into the "eyeballs" of your personnel and finding out what they are really doing (or not doing)…

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Clarification on Use of Documentation Assistants or Scribes

By: Stephanie T. Eckerle and Meghan M. Linvill McNab on August 22, 2018

The Joint Commission (“JC”) recently released a new Standards FAQ (“FAQ”) setting forth guidelines that should be followed when physicians or other licensed independent practitioners (“LIPs”) use documentation assistants (referred to herein as “scribes”) to assist with documentation.  In the FAQ,…

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OCR Issues Guidance on Disposing of Electronic Devices and Media

By: Stephanie T. Eckerle and Meghan M. Linvill McNab on August 9, 2018

On August 7, 2018, the HHS Office of Civil Rights (OCR) issued guidance on disposing of electronic devices and media1.   This guidance is important for  all healthcare providers as it applies to any covered entities or business associates that store ePHI on desktops, laptops, copiers, cell phones, USB…

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HHS OIG Recommends Greater Efforts by Medicaid Managed Care Organizations in Identifying and Addressing Medicaid Fraud and Abuse

By: Leah S. Mannweiler and Brandon W. Shirley on August 7, 2018

The Health and Human Services Office of Inspector General (“OIG”) published a report in July of 2018 (“Report”) regarding weaknesses by Medicaid Managed Care Organizations (“MCO”) to identify fraud and abuse in the Medicaid program1.  In general, the OIG found that MCOs lacked the controls and…

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Delaware Issues New Regulation to Clarify Telemedicine Statute

By: Stephanie T. Eckerle on July 16, 2018

On June 1, 2018, the Delaware Board of Medical Licensure and Discipline (the “Board”) issued a Final Rule to add a new regulation to Title 24, Chapter 1700 of the Delaware Administrative Code in order to clarify certain terms used in the telemedicine and telehealth statute found at Title 24,…

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New Indiana Health Care Laws

By: Amy M. Levander on July 16, 2018

This article summarizes many of the notable health care laws that were passed during the 2018 legislative session, which includes laws that are effective July 1, 2018, as well as laws that are effective after July 1, 2018.  These laws affect both healthcare institutions, as well as individual…

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OIG Advisory Opinion No. 18-03: Provision of Free Telemedicine Hardware & Services

By: Marc T. Quigley on July 16, 2018

On May 24, 2018, the Office of Inspector General (OIG) issued Advisory Opinion No. 18-03, which evaluated a proposed arrangement between a federally qualified health center look-alike (the “Provider”) and a county health clinic (the “County Clinic”), whereby the Provider would supply telemedicine…

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