Health Care
By: Grant M. Achenbach and Meghan M. Linvill McNab
on May 8, 2023
Indiana continues down the path of instituting a managed care model for long term services and supports. The Indiana legislature recently enacted House Bill (HB) 1461 that provides sweeping regulatory relief to the provider industry. The legislation provides for implementation of the Family and…
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By: Scott S. Morrisson, Nancy J. Townsend, and Christopher J. Kulik
on April 26, 2023
The Indiana General Assembly recently passed Senate Enrolled Act (“SEA”) 71, which further narrows the use of noncompete agreements with respect to all employed physicians, but especially primary care physicians. The new law will take effect on July 1, 2023, after Governor Eric Holcomb’s expected…
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By: Brandon W. Shirley and Meghan M. Linvill McNab
on January 18, 2023
The Centers for Medicare & Medicaid Services (CMS) recently issued a proposed rule that would eliminate the “reasonable diligence” requirement that Medicare Part A and Part B providers had to investigate and quantify Medicare repayments under 42 C.F.R. § 401.305. This reasonable diligence period,…
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By: Thomas N. Hutchinson and Shelley M. Jackson
on January 12, 2023
A scam which circulated in early 2021 has resurfaced recently. Scammers are calling physician practices and posing as DEA agents. It appears the scammers are targeting smaller practices, and calling and introducing themselves as DEA agents who are investigating a complaint. Once they get the…
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By: Robert A. Anderson and Alexandria M. Foster
on January 12, 2023
The U.S. Department of Health and Human Services (“HHS”), through the Substance Abuse and Mental Health Services Administration (“SAMHSA”), recently announced proposed changes to the protection of substance use disorder patient records under 42 CFR Part 2 (“Part 2”). Part 2 regulations govern the…
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By: Thomas N. Hutchinson and Brandon W. Shirley
on January 6, 2023
As of July 1, 2021, certain hospitals in Indiana are required by state law (IC 16-21-9-3.5) to hold an annual public forum in order to promote transparency and accountability in their operations, and to ensure that the needs and concerns of the community are addressed. These forums may be held in…
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By: Thomas N. Hutchinson and Brian M. Heaton
on September 29, 2022
One time consuming (and potentially frustrating) part of any private equity transaction is pre-sale due diligence. Pre-sale diligence is an internal review of the “selling” practice. (For purposes of this article, we will refer to the practice as the “seller” even though the buyer may be making an…
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By: Robert A. Anderson and
on September 14, 2022
The Health & Human Services, Office of Civil Rights (“OCR”) recently settled with a dermatology practice, New England Dermatology and Laser Center (the “Practice”), after the Practice voluntarily disclosed that it had thrown specimen containers that contained patient names, dates of birth, dates of…
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By: Shelley M. Jackson and Grant M. Achenbach
on July 21, 2022
Federal and State Updates
On Friday, July 15th, Department of Health and Human Services (“HHS”) Secretary Xavier Becerra signed a renewal to the federally declared Public Health Emergency (“PHE”). Despite hinting at renewal in the weeks preceding July 15th, the Secretary’s ink did not…
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By: Andrew W. Breck, Grant M. Achenbach, and Shelley M. Jackson
on June 30, 2022
As of March 18, 2022, certain out-of-state health care professionals will find it easier to obtain licenses and certifications to practice in Indiana after recent changes to the state’s reciprocity laws. The new credentialing standards set forth in Indiana Code 25-1-21 (the “Reciprocity Statute”)…
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