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Search OptionsInsightsNew Bankruptcy Code Amendments Change Legal Landscape for Creditors
On Friday, August 23, 2019, the President signed into law the first major amendments to the United States Bankruptcy Code since 2005. These promise to change the legal landscape for creditors. H.R. 2336, the “Family Farmer Relief Act of 2019,” which… 
CMS Proposes New Rules Aimed at Reshaping Medicare Payment Policies
On July 29th, CMS jointly released its Proposed Rules for the 2020 Medicare Physician Fee Schedule and 2020 Hospital Outpatient Prospective Payment System that would update Medicare payment policies aimed at increasing price transparency, improving… CMS Issues Final Rule Easing Restrictions On Arbitration Agreements In Long Term Care Setting
The Centers for Medicare & Medicaid Services (CMS) published a Final Rule on July 18, 2019 that repealed a prior rule prohibiting Long-Term Care (LTC) facilities from using pre-dispute, binding arbitration agreements. LTC facilities that choose to… Eight Attorneys Named to 2020 Best Lawyers in America Listing
Krieg DeVault is pleased to announce that eight attorneys have been named to the 2020 Best Lawyers® in America Listing. Of the eight attorneys named to the list, Rodney S. Retzner and Judy L. Woods were also named to the “Lawyer of the Year”… Compliance Update: RCRA 'Subpart P' and the New Hazardous Waste Pharmaceutical Rules
Health care facilities will need to comply with new regulations governing the management and disposal of Hazardous Waste Pharmaceuticals (“HWPs”). The Environmental Protection Agency (“EPA”) has promulgated new rules to be codified at 40 C.F.R. Part… 
CMS Issues Long Awaited Clarification on Application of EMTALA to Psychiatric Hospitals
On July 2, 2019, the Centers for Medicare and Medicaid Services (“CMS”) issued a letter to State Survey Agency Directors with Frequently Asked Questions on the application of the Emergency Medical Treatment and Labor Act (“EMTALA”) to Psychiatric… 
Department of Justice Publishes New Guidance for Evaluating Corporate Compliance Programs
On April 30, 2019, the United States Department of Justice (“DOJ”) published new recent guidance for corporate compliance programs, entitled “Evaluation of Corporate Compliance Programs.” Such publications are particularly helpful as they provide… 
Say What You Mean and Mean What You Say - Especially to the Feds
The recent settlement between Coffey Health System in Kansas and the U.S. government is a cautionary tale to other healthcare providers: false attestations related to government incentive programs could lead to False Claims Act liability. Coffey… 
Indiana Medicaid Modifies Coverage of Certain Mental Health Services
On May 30, 2019, the Indiana Health Coverage Programs (“IHCP”) released a bulletin (BT201929) stating that it is modifying coverage of crisis intervention, intensive outpatient treatment (“IOT”) and peer recovery services for Indiana Medicaid,… 
Agencies Adopt Final Rule Excluding Community Banks from Volcker Rule
On July 9, 2019, the FRB, FDIC, OCC, CFTC and SEC announced the adoption of a final rule to exclude certain community banks from the Volcker Rule's restrictions on proprietary trading, consistent with the Economic Growth, Regulatory Relief, and… Changes to Indiana Physical Therapy Practice Act Provide Greater Authority to Physical Therapists
The Indiana General Assembly recently passed legislation (“SB 586”), related to the regulation of physical therapists (“PTs”). Health care providers who utilize physical therapists should be aware of the administrative, licensing, and scope of… 
NPDB Insights and Proctoring Arrangements
Various healthcare providers use the National Practitioner Data Bank (NPDB) in connection with credentialing medical staff and reporting adverse corrective actions involving professional competence or conduct of practitioners. On a monthly basis,… 
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