Health Care
Posted by:
Stephanie T. Eckerle
on December 8, 2016
On December 5, 2016, the OIG posted Advisory Opinion No. 16-12 concerning a laboratory’s proposal to provide the labeling of test tubes and specimens free of charge to dialysis facilities. One of the stated purposes of offering this free service was to “obtain or retain the business of a particular…
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Posted by:
Meghan M. Linvill McNab
on November 20, 2016
We previously published an article regarding the CMS proposed rule (published July 17, 2015) to revise the requirements that Long-Term Care (“LTC”) facilities must meet to participate in the Medicare and Medicaid programs, and its proposed changes to LTC facilities use of arbitration agreements.…
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Posted by:
Stacy Walton Long
on November 20, 2016
St. Joseph Health (“St. Joseph”), a nonprofit Catholic health care delivery system, purchased a new server to store files, including electronic Protected Health Information (“ePHI”), that incorporated a file sharing application. The default settings of the new server allowed anyone with an internet…
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September 26, 2016
On September 8, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized the Emergency Preparedness Rule (Final Rule”) for health care facilities. CMS has given significant attention to the Final Rule in light of the many major disasters that have occurred in the last ten years and…
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September 26, 2016
Medicare Access & CHIP Reauthorization Act of 20151 On April 27, 2016, the Centers for Medicare and Medicaid Services (“CMS”) issued a Notice of Proposed Rulemaking to implement parts of the Medicare Access & CHIP Reauthorization Act of 2015 (“MACRA”). MACRA is part of an initiative…
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Posted by:
Brandon W. Shirley
on August 30, 2016
The Franciscan Alliance and Christian & Medical Dental Associations joined six states in a lawsuit filed against Health and Human Services (“HHS”) in a Texas federal court on August 23, 2016, challenging the regulations that the HHS’ Office of Civil Rights (“OCR”) finalized this past May (“Final…
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Posted by:
Meghan M. Linvill McNab
on August 30, 2016
On July 17, 2015, CMS released a proposed rule to revise the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs. The proposed rule included a requirement regarding binding arbitration agreements. In the commentary CMS expressed concern that…
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Posted by:
Meghan M. Linvill McNab
on July 20, 2016
As many of you may know, the statewide home health reimbursement rates for Indiana Medicaid, are calculated based on the most recently completed Medicaid cost reports required from all home health providers billing Indiana Medicaid for services. (IHCP Bulletin 201625, May 17, 2016). As a result of…
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Posted by:
Meghan M. Linvill McNab
on July 20, 2016
The Balanced Budget Act of 2015 (“BBA”) passed on November 2, 2015 provides that, effective January 1, 2017, “applicable items and services” (other than items and services furnished by a dedicated emergency department) furnished by an off-campus outpatient department of a provider (“Off-Campus…
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Posted by:
Brandon W. Shirley
on July 7, 2016
The Health and Human Services’ Office of Civil Rights (“OCR”) recently published a final Regulation (“Regulation”) that implements the nondiscrimination requirements of Section 1557 of the Patient Protection and Affordable Care Act.[1] Beginning on July 18, 2016, discrimination in health care…
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July 4, 2016
Following up on a previous client alert item, a federal jury recently found W. Carl Reichel, former president of Warner Chilcott, not guilty on June 17, 2016 of conspiring to pay kickbacks to doctors in exchange for writing prescriptions. The jury deliberated two days before delivering a not guilty…
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Posted by:
Brandon W. Shirley
on July 4, 2016
The Indiana General Assembly passed legislation during the 2015 General Session directing certain boards to establish protocols and standards for prescribing controlled substances for pain management treatment that “complement” existing rules for physicians.[1] Those boards include: the Board of…
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