Insights
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Health Care
By: Brandon W. Shirley and Robert A. Anderson
on February 1, 2022
The No Surprises Act imposed sweeping new cost transparency requirements on health care providers throughout the United States that raised many compliance questions and new challenges. Adding to the confusion, regulators responsible for implementing the new law issued regulations in phases…
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By: Virginia A. Talley and Shelley M. Jackson
on January 20, 2022
On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”).
Scope of Guidance
The…
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By: Thomas N. Hutchinson and Brandon W. Shirley
on January 6, 2022
Most health care providers face many compliance challenges in today’s regulatory climate with the promise of many more to come in the new year. This burden may be particularly acute for physician group practices who must change the methodology for pooling and distributing overall profits under an…
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By: Grant M. Achenbach and Brandon W. Shirley
on December 27, 2021
Are you getting mixed messages on when you need to start electronically prescribing controlled substances? You’re not alone.
After Congress passed the SUPPORT Act in 2018 requiring prescribers to issue electronic prescriptions on January 1, 2021 for Medicare Part D controlled substance…
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By: Meghan M. Linvill McNab and Brandon W. Shirley
on November 30, 2021
At long last, the Centers for Medicare & Medicaid Services (“CMS”) issued final guidance on hospital co-location with other hospitals and health care facilities (“Final Guidance”). Hospital co-location has been a compliance challenge for many due to CMS’s piecemeal approach, which included a…
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By: Robert A. Anderson and Hillary N. Buchler
on November 18, 2021
The Indiana Court of Appeals recently held that healthcare providers could be liable for failing to take steps to protect a patient’s grandfather against an imminent danger demonstrated by the patient’s conduct and statements across several trips to the emergency department. In Coplan v. Miller (Ct.…
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By: Thomas N. Hutchinson and
on November 12, 2021
Although most physicians have heard about the Physician Payments Sunshine Act (the “Sunshine Act”) and have seen reports of the payments physicians have received from reporting drug and medical device companies, few physicians take the time to review or correct their own records.
Many physicians…
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By: Thomas N. Hutchinson
on November 12, 2021
The development and growth of ambulatory surgery centers (“ASCs”) has continued and even accelerated in recent years. Shifts in allowable cases from inpatient to outpatient, temporary closures of hospital outpatient departments because of COVID, and private equity funding have all bolstered this…
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By: Meghan M. Linvill McNab and Brandon W. Shirley
on September 22, 2021
The Centers for Medicare and Medicaid Services (“CMS”) announced a new tool on the CMS Compare website to permit consumers to access each nursing facility’s staff and resident vaccination rates and make informed decisions when choosing a nursing facility. CMS has required certified nursing…
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By: Brandon W. Shirley and Grant M. Achenbach
on September 7, 2021
The Federal Departments of Labor, Health and Human Services (HHS), and the Treasury recently announced a delay to certain portions of their Interim Final Rules implementing the surprise billing provisions of the No Surprises Act, set to become effective on January 1, 2022. While most of the delays…
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By: Robert A. Anderson
on August 31, 2021
In a recent decision, Rebecca J. Denman, M.D. v. St. Vincent Medical Group, Inc., St. Vincent Carmel Hospital, Inc., 20A-PL-1236 (Aug. 18, 2021), the Indiana Court of Appeals upheld a $4.75 million verdict awarded by a Marion County jury to Dr. Rebecca Denman against a charge nurse, St. Vincent…
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