Health Care
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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By: Andrew W. Breck and Thomas N. Hutchinson
on August 31, 2021
Central to the practice of medicine, referrals are an important part of patient care. Referrals are also a critical component when evaluating whether arrangements between parties violate the Anti-Kickback Statute (“AKS”), which prohibits knowingly or willfully offering, paying, soliciting, or…
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By: Brandon W. Shirley and George C. Lepeniotis
on August 21, 2021
In this podcast we'll discuss how State and federal governments are rapidly pushing new medical billing transparency requirements. These new laws are raising many questions about what to expect and how to comply. Krieg DeVault attorneys discuss these new laws and steps that health providers can…
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By: Meghan M. Linvill McNab and Thomas N. Hutchinson
on August 19, 2021
The Consolidated Appropriations Act of 2021 adds a new rural emergency hospital (“REH”) provider type for Medicare and adds Medicare coverage for REH Services, effective January 1, 2023.
New REH provider type for Medicare:
- An REH is a former1 critical access hospital (“CAH”) or rural PPS hospital,…
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By: Brandon W. Shirley and Stacy Walton Long
on August 11, 2021
Indiana Executive Orders that temporarily authorized certain health care students to practice in Indiana under a temporary license are set to expire on September 30, 2021. Executive Orders (EO 21-17 and EO 21-19) allowed physician assistant students, nursing students, respiratory care practitioner…
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By: Brandon W. Shirley and Thomas N. Hutchinson
on August 11, 2021
The Centers for Medicare and Medicaid Services (“CMS”) is prepared to increase hospital cost transparency penalties for noncompliance established under prior rules beginning January 1, 2022. In a proposed rule published on July 19, 2021, CMS proposed several new requirements that include: 1) basing…
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By: Rodney S. Retzner, Thomas N. Hutchinson, and Micah J. Nichols
on August 10, 2021
On July 1, 2021, Indiana significantly broadened the options for an individual to make health care wishes known through an “Advanced Directive for Health Care Decisions” (an “Advanced Directive”). Senate Enrolled Act No. 204 (“SEA 204”), effective as of July 1, allows individuals to make their…
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By: Kendall A. Schnurpel and
on August 9, 2021
On Wednesday, August 4, 2021, the Senate Appropriations Committee approved an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (“2022 VA Appropriations Bill”) that would allow doctors with the Department of Veterans Affairs (“VA”) to recommend…
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By: Meghan M. Linvill McNab and Thomas N. Hutchinson
on August 6, 2021
On July 29, 2021, Governor Holcomb renewed the public health emergency (“PHE”) for another 30-day period, set to expire on August 30, 2021 unless otherwise withdrawn or further renewed.
The Indiana Department of Health (“IDOH”) has published a series of emergency orders waiving certain requirements…
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