Health Care
By: Robert A. Anderson and Brandon W. Shirley
on June 19, 2018
The Joint Commission recently announced a new element of performance to Accreditation Participation Requirement APR.01.03.01 (“Element of Performance”). The Element of Performance requires immediate notification to The Joint Commission when the Centers for Medicare and Medicaid Services (“CMS”)…
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By: Brandon W. Shirley and Amy M. Levander
on June 19, 2018
On June 13, 2018, the Indiana Office of Medicaid Policy and Planning (“OMPP”) published a notice of intent (“NOI”) to adopt an administrative rule (“LSA #18-251”) that overhauls existing program integrity, Medicaid provider appeals, and Medicaid enrollment rules and requirements. The NOI states in…
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By: Thomas N. Hutchinson and Meghan M. Linvill McNab
on June 19, 2018
On April 30, 2018, the Department of Health and Human Services, Office of Inspector General (“OIG”), issued an Advisory Opinion regarding an Arrangement whereby a Company that distributes and sells medical device and pharmaceutical products provides a limited number of sample ostomy products to…
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By: Stacy Walton Long
on June 12, 2018
In a May 25, 2018 notice, the Department of Healthcare and Family Services (the “Department”) announced a proposed change in the methods and standards by which the Department will reimburse providers for psychiatric and behavioral health services.[1] The proposed changes, effective for dates of…
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By: Stephanie T. Eckerle
on June 12, 2018
A May 29, 2018 United States Attorney’s Office District of Minnesota press release reported that Wal-Mart Stores, Inc. and Sam’s West, Inc. (d/b/a Sam’s Club) have agreed to pay a total of $825,000 to resolve allegations that the stores violated the federal False Claims Act and Minnesota False…
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May 23, 2018
The Bipartisan Budget Act of 2015 (the “Act”) changed the IRS partnership audit rules effective as of January 1, 2018. The changes to the partnership audit rules are unrelated to the much-publicized Tax Cuts and Jobs Act of 2017, but the new partnership audit rules should not be overlooked by…
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By: Thomas N. Hutchinson
on May 23, 2018
On May 9, 2018, the Indiana State Department of Health issued a proposed rule to amend certain regulations governing the Newborn Screening Program in 410 Indiana Administrative Code 3-3 (the “Proposed Rule”). The Proposed Rule amends the list of disorders newborns must be screened for and the time…
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By: Stacy Walton Long and Stephanie T. Eckerle
on May 23, 2018
In March 2018, the U.S. Department of Health and Human Services Office of Civil Rights (OCR) issued a newsletter entitled, “Plan A… B… Contingency Plan!” While contingency plans are already required under the HIPAA Security Rule1, OCR’s newsletter provides guidance regarding the importance and…
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By: Amy M. Levander
on May 9, 2018
The Indiana Commission to Combat Drug Abuse (“Commission”) met on Thursday, May 3, 2018 to continue its collaboration and work to combat various drug and addiction issues in Indiana. Several updates on current initiatives were first provided, including the status of INSPECT integration, the state’s…
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By: Thomas N. Hutchinson and Brandon W. Shirley
on May 9, 2018
The Office of the Secretary of Family and Social Services finalized LSA Document #17-342, which is a rule amendment that impacts Indiana Medicaid home health service providers (“Final Rule”).[1] In general, the Final Rule seeks to align Indiana home health service policies with those of 42 C.F.R.…
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By: Stephanie T. Eckerle and Stacy Walton Long
on May 9, 2018
In April 2018 the U.S. Department of Health and Human Services Office of Civil Rights (OCR) published guidance entitled “Risk Analyses v. Gap Analyses – What is the difference?” (the “Guidance”).[1] This Guidance is extremely helpful for both covered entities and business associates on the…
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By: Thomas N. Hutchinson and Brandon W. Shirley
on April 30, 2018
The Bipartisan Budget Act of 2018 (“BBA”) was signed into law February 9 and funds the federal government through March 23. Additionally, the legislation contains significant health care policy changes. Of important note are dramatic increases to civil and criminal penalties for federal health care…
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