Over the last year and a half, the Consumer Financial Protection Bureau (CFPB) has become increasingly interested in the origination, servicing, and collection of medical debt. The CFPB alone has published several pieces of...more
On July 7, the CFPB, Centers for Medicare & Medicaid Services (CMS), Department of Health & Human Services (HHS), and Department of the Treasury issued a formal request for information regarding forms of consumer-facing...more
In its Calendar Year (CY) 2024 Physician Fee Schedule (PFS) proposed rule, the Centers for Medicare and Medicaid Services (CMS) proposes to continue to allow supervising physicians and practitioners to conduct “direct...more
As the industry eagerly awaits the outcome of the “Regulatory Sprint to Coordinated Care”—the multi-pronged, inter-agency initiative within the Department of Health and Human Services (HHS) to identify and remove barriers to...more
The Department of Health and Human Services, Office of Inspector General (OIG), in conjunction with the Health Care Compliance Association, recently released a resource document to help healthcare organizations measure the...more
The Department of Health and Human Services, Office of Inspector General (OIG) published a final rule on January 12, 2017, expanding the OIG’s authority to exclude providers from participation in federal healthcare programs....more
1/31/2017
/ Administrative Authority ,
Affordable Care Act ,
Aggravating Factors ,
Anti-Kickback Statute ,
Audits ,
Controlled Substances ,
Department of Health and Human Services (HHS) ,
Exclusionary Authority ,
False Claims Act (FCA) ,
False Statements ,
Health Care Providers ,
Misrepresentation ,
OIG ,
Secretary of HHS ,
Statute of Limitations
We are pleased to present our annual review of developments in the field of health law. The year was marked by key changes in False Claims Act jurisprudence and Medicare payment policy. 2016 also brought with it focused...more
1/25/2017
/ 60-Day Rule ,
ACOs ,
Centers for Medicare & Medicaid Services (CMS) ,
Corporate Executives ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
ESRD ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Trade Commission (FTC) ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Reform ,
Hospital Mergers ,
Long Term Care Facilities ,
Materiality ,
Medicare ,
Medicare Access and CHIP Reauthorization (MACRA) ,
Medicare Shared Savings Program ,
MIPS ,
OCR ,
Off-Campus Departments ,
OPPS ,
Personal Liability ,
Physician Payments ,
Presidential Elections ,
SCOTUS ,
Stark Law ,
Trump Administration ,
Universal Health Services Inc v United States ex rel Escobar ,
Yates Memorandum
On October 14, 2016, the Centers for Medicare and Medicaid Services (CMS) released the final rule (Final Rule) implementing sweeping changes to the Medicare physician payment system mandated by the Medicare Access and CHIP...more
1. Executive Summary -
With the dirt barely settled on the unmourned grave of the Medicare sustainable growth rate (SGR) methodology for updating physician fee schedule payments, CMS published a proposed rule that would...more
With 2015 in the books, we are pleased to reflect on some of the major developments over the past year in the field of health law. The year was marked by changes in Medicare payment models—from government pronouncements...more
1/7/2016
/ Affordable Care Act ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Individual Accountability ,
King v Burwell ,
Medicare ,
Medicare Access and CHIP Reauthorization (MACRA) ,
NC Board of Dental Examiners v FTC ,
Overpayment ,
PHI ,
SCOTUS ,
Stark Law ,
Tuomey ,
Value-Based Payments ,
Yates Memorandum
On April 20, 2015, the U.S. Department of Health and Human Services Office of Inspector General (OIG), in conjunction with the American Health Lawyers Association (AHLA), the Association of Healthcare Internal Auditors (AHIA)...more
The Department of Justice and Florida’s Halifax Hospital Medical Center have reached a tentative $85 million settlement in a case alleging violations of the federal physician self-referral law (commonly known as the “Stark...more
On December 27, 2013, the U.S. Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) issued final rules revising the Stark exception (42 CFR...more
As 2013 draws to a close, we are pleased to look back on the year that was and highlight some of the key developments in the ever-changing field of health law. While a great deal of attention was focused on the implementation...more
12/30/2013
/ Acquisitions ,
Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Drug Compounding ,
Health Insurance Exchanges ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare.gov ,
HITECH Act ,
Hospitals ,
Medicaid Expansion ,
Medicare Part A ,
Mergers ,
MHPAEA ,
Physician Payments ,
Physician-Owned Distributors ,
Stark Law
As the countdown to the compliance deadline for the Health Information Technology for Economic and Clinical Health (HITECH) Act Omnibus Rule begins, we offer the following as a reminder of tasks that covered entities,...more
On January 7, 2013, the Department of Health and Human Services Office of Inspector General (“OIG”) posted a favorable advisory opinion concerning an existing co-management arrangement (“Arrangement”) between a large, rural,...more
2/8/2013
/ ACOs ,
CMP Law ,
Co-Management ,
Department of Labor (DOL) ,
Fees ,
Fixed-Fee ,
Hospitals ,
Medicare ,
OIG ,
Pay-for-Performance ,
Physicians
The Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) published today the much anticipated final omnibus rule implementing the Health Information Technology for Economic and Clinical Health...more
1/28/2013
/ Business Associates ,
Compliance ,
Covered Entities ,
Data Breach ,
Data Protection ,
Enforcement ,
Fundraisers ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Omnibus Rule ,
HITECH Act ,
Marketing ,
Notice Requirements ,
OCR ,
PHI ,
Privacy Rule