David B. Robbins

David B. Robbins

Perkins Coie

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Medicare Appeals Panel Invalidates National Coverage Determination Prohibiting Coverage for Gender Reassignment Surgery

On May 30, 2014, the Departmental Appeals Board (DAB) issued a decision invalidating the long-standing National Coverage Determination (NCD) prohibiting Medicare payment for transsexual surgery (now known as gender...more

6/5/2014 - Healthcare Medicare Surgery Transgender

Theft Of Unencrypted Laptops Leads To Two HHS Settlements Totaling Nearly $2 Million

On April 22, the U.S. Department of Health and Human Services (HHS) announced settlements with both Concentra Health Services (Concentra) and QCA Health Plan, Inc. (QCA). Through these latest settlements, HHS is reiterating...more

5/1/2014 - Concentra Covered Entities Electronic Medical Records Healthcare HHS QCA Healthplan Settlement

Oregon Settlement Expands Disclosure Obligations Of Physicians Receiving Payments From Drug And Device Manufacturers

As of August 1, 2013, pharmaceutical companies and medical device manufacturers are required to report to the federal government payments made to physicians under the Physician Payment Sunshine Act (PPSA). ...more

8/23/2013

CMS Adopts New “2 Midnights” Presumption For Inpatient Hospital Admissions

On August 2, 2013, the Centers for Medicare and Medicaid Services (CMS) issued an advance copy of its final rulemaking that adopts a new approach to evaluating the medical necessity of inpatient hospital admissions. ...more

8/9/2013 - CMS Fraud Healthcare Hospitals Medicare Medicare Part A Required Documentation

Hospitals Provided Temporary Relief In Medicare Rebilling Policy

The Centers for Medicare & Medicaid Services (CMS) released a ruling and an interim rule that, effective immediately, will allow hospitals to rebill certain inpatient hospital services as outpatient services for one year...more

3/21/2013 - American Hospital Association Audits Billing CMS Hospitals Medicare

U.S. Supreme Court Holds Equitable Tolling Doctrine Does Not Apply To Administrative Appeal Deadline

On January 22, 2013, the U.S. Supreme Court issued a unanimous decision in Sebelius v. Auburn Regional Medical Center, 568 U.S. _____ (2013), holding that hospitals cannot appeal Medicare inpatient reimbursement...more

1/28/2013 - Administrative Appeals Equitable Tolling Kathleen Sebelius Medicare Physician Medicare Reimbursements SCOTUS Sebelius v Auburn Regional Medical Center

HHS OIG Takes Aim At CMS’ Oversight Of Electronic Health Records Incentive Program

On November 29, 2012, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a report raising concerns about the Centers for Medicare and Medicaid Services’ (CMS) oversight of the...more

12/7/2012 - Electronic Health Record Incentives HHS Medicaid Medicare

In Landmark Decision, Second Circuit Reverses Conviction For Off-Label Promotion

On December 3, 2012, in United States v. Caronia, a three-judge panel of the Second Circuit reversed a drug salesperson’s conviction for conspiracy to introduce a misbranded drug into interstate commerce, a misdemeanor...more

12/7/2012 - FDCA First Amendment Off-Label Promotion Off-Label Use Pharmaceutical

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