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CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more

Public Comment Period Open for New Assisted Living License Regulations

On December 14, 2020, the Minnesota Department of Health (MDH) opened the official public comment period on the Assisted Living Facilities Proposed Rules in advance of a virtual public hearing to be held January 19-20, 2021....more

DOL FFCRA Rule Revising “Health Care Provider” Definition

On September 11, 2020, the U.S. Department of Labor (DOL) issued revised temporary regulations pertaining to the emergency paid sick leave and paid family leave provisions of the Families First Coronavirus Response Act...more

Minnesota Amends Civil Commitment Statute

On August 1, 2020, the revised Minnesota civil commitment statute took effect. While the standard for civil commitment has not changed, the statute was substantially rewritten and updated to reflect Minnesota's current mental...more

DHS Issues Draft Opioid Prescribing Guidelines

In an effort to combat the ongoing epidemic of opioid misuse and opioid-related morbidity and mortality, the Minnesota Department of Human Services (DHS) Opioid Prescribing Work Group (OPWG) recently issued Draft Opioid...more

Recent Case Highlights Risks of Paying Physicians for Routine Duties - Signed writing required, informal documentation may not be...

Payments to physicians, even for routine, necessary duties, may cause referrals to the entity making the payments to be "prohibited referrals" under the Stark Law. This means the hospital or other entity should not have...more

CMS Proposes Six-Month Delay for New Medicare and Medicaid Conditions of Participation for Home Health Agencies

The Centers for Medicare & Medicaid Services (CMS) recently proposed a six-month delay for home health agencies (HHAs) to implement the revised conditions of participation (CoPs) that HHAs must satisfy to participate in the...more

CMS Issues Final Rule on New Medicare and Medicaid Conditions of Participation for Home Health Agencies

The Centers for Medicare & Medicaid Services (CMS) recently issued a final rule, 42 C.F.R. pt. 484, implementing significant changes to the conditions of participation (CoPs) that home health agencies (HHAs) must satisfy to...more

21st Century Cures Act Includes Several Noteworthy Mental Health and Substance Use Provisions

The 21st Century Cures Act (Act), enacted in December 2016, has received widespread coverage for funding biomedical research and streamlining the drug approval process. The Act also includes the Helping Families in Mental...more

2017 OPPS Final Rule: Payment to Off-Campus Provider-Based Departments

On November 1, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the 2017 Medicare Outpatient Prospective Payment System (OPPS) Final Rule. One aspect of this rule is the implementation of payment decreases for...more

Center for Medicare & Medicaid Services Announces 60-Day Overpayment Rule

The Centers for Medicare & Medicaid Services (CMS) published the Reporting and Returning of Overpayments Final Rule (Final Rule) on February 12, 2016. The Final Rule implements Section 6402(a) of the Affordable Care Act,...more

CMS Announces Final 60-Day Overpayment Rule

The Centers for Medicare & Medicaid Services (CMS) published the Reporting and Returning of Overpayments Final Rule (Final Rule) on February 12, 2016. The Final Rule implements section 6402(a) of the Affordable Care Act which...more

Intractable Pain Added as Qualifying Condition for Minnesota's Medical Cannabis Program

On December 2, 2015, the Minnesota Commissioner of Health announced the addition of intractable pain to the list of qualifying conditions for Minnesota's medical cannabis program. Intractable pain is defined as "a pain state...more

Reimbursement Change for Off-Campus Provider-Based Clinics, Physician Offices, and Ambulatory Surgical Centers

On November 2, 2015, President Obama signed the Bipartisan Budget Act of 2015, a two-year budget deal with a key provision affecting hospitals and other health care providers. Effective January 1, 2017, the Act decreases the...more

HHS Issues Fraud Alert on Medical Directorship Relationships - Hospitals and Physicians Need to Review Agreements to Prevent a...

On June 9, 2015, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) released a Fraud Alert regarding recent settlements with 12 individual physicians who were party to questionable medical...more

Minnesota Supreme Court Rules on Medical Staff Procedural Issues

On December 31, 2014 the Minnesota Supreme Court ruled in Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall on limited issues regarding a medical staff’s capacity to sue and be sued and the contractual...more

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