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New Law Further Restricts Indiana Physician Noncompetes

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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CMS's Proposed Government Overpayment Rule Is Sure to Make You Sleep Less (Podcast)

By: Brandon W. Shirley and George C. Lepeniotis on February 8, 2023

Krieg DeVault Health Care Regulatory Lawyer, Brandon W. Shirley breaks down his recent alert on the proposed overpayment rule issued by the Centers for Medicare & Medicaid Services (CMS).

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CMS’s Proposed Government Overpayment Rule Sure to Make You Sleep Less

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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Beware of the DEA Scam

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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HHS Proposes Rules to Make Part 2 Regulations and HIPAA Consistent    

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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Are You Compliant with Indiana’s Annual Hospital Public Forum Requirement?

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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Religious Health Care Providers, The ACA, And Gender Transition Procedures

By: Robert A. Anderson and Hillary N. Buchler on December 21, 2022

In The Religious Sisters of Mercy v. Xavier Becerra, the 8th Circuit Court of Appeals recently upheld a permanent injunction against the Department of Health and Human Services (“HHS”) and the Equal Employment Opportunity Commission’s (“EEOC”) enforcement of Section 1557 of the Affordable Care Act…

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Private Equity Investment in Medical Practices Series: STEP 3 - Pre-Sale Diligence

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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PHI Here, There, and Everywhere - Liability for Improper Disposal of Items Containing PHI

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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Temporary Medical Licenses Preserved into October as Public Health Emergency Renewed at 11th Hour

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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Come One, Come All: New Reciprocity Laws for Health Care Professionals in Indiana

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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Transparency is the Name of the Game

By: Grant M. Achenbach, Andrew W. Breck, and Thomas N. Hutchinson on June 13, 2022

Transparency is a hot topic in healthcare. Instituted due to popular demand and now enforced by state and federal laws, transparency is required through good faith estimates for the cost of health care services, publishing of pricing data online in machine readable formats, and requirements for…

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