Sandra DiVarco

Sandra DiVarco

McDermott Will & Emery

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Latest Publications


OIG Issues Report on Medicare’s ‘2-Midnight Hospital Rule’

On December 19, 2016, the US Department of Health and Human Services Office of Inspector General (OIG) posted a report examining the Centers for Medicare & Medicaid Services’ (CMS’s) “2-Midnight Rule.” The OIG concluded that...more

12/30/2016 - CMS HHS Hospitals Medicare Medicare Part A OIG Two-Midnight Rule

Not So Fast! — Secure Text Messages May Not Be Used to Transmit Patient Care Orders After All

Reversing the position taken in May 2016, The Joint Commission (TJC) recently clarified that licensed independent providers (LIPs) or other practitioners may not utilize secure text messaging platforms to transmit patient...more

12/29/2016 - CMS Health Care Providers Physicians Text Messages

Managing the Transition to Transformation: Quality and Payment Reform: Who Is Asking for What and Why?

McDermott’s Managing the Transition to Transformation series is designed to help health systems and other health care industry leaders address the many challenges presented by the transformation in payment and care delivery...more

9/29/2016 - Alternative Payment Models (APM) CHIP CMS Federal Health Care Programs (FHCP) Fee-for-Service Health Care Providers Hospitals IMPACT Act Medicare Medicare Access and CHIP Reauthorization (MACRA) Physicians

CMS Finalizes Controversial Changes to "2-Midnight Rule" for Inpatient Stays

On October 30, 2015, the Centers for Medicare & Medicaid Services (CMS) released its final rule updating the Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System for...more

11/10/2015 - Ambulatory Surgery Centers CMS Final Rules Hospitals OPPS Physicians Two-Midnight Rule

Congress Take Step Toward Site-Neutral Medicare Payments in Bipartisan Budget Act of 2015

On October 28, 2015, the U.S. House of Representatives approved legislation that, if enacted, would, among other things, substantially alter how and how much Medicare pays for outpatient services furnished by hospitals. The...more

10/30/2015 - Ambulatory Surgery Centers CMS Debt Ceiling Federal Budget Generic Drugs Health Care Providers Healthcare Hospitals HRSA Medicaid Medicare Medicare Part B OPPS Pending Legislation Physician Fee Schedule Physicians Prescription Drugs Rebates Section 340B Sequestration

CMS Proposal Broadens Medicare Inpatient Reimbursement Eligibility Under the “2-Midnight Rule"

On July 1, 2015, the Centers for Medicare & Medicaid Services (CMS) released proposed updates to the Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System for Calendar Year...more

7/8/2015 - Ambulatory Surgery Centers CMS Health Care Providers Hospitals Inpatient Billing Medicaid Medicare Medicare Administrative Contractors (MAC) Medicare Part A OPPS Physicians Proposed Regulation Recovery Audit Contractors (RACs) Two-Midnight Rule

CMS Proposes Recognition of Same-Sex Spouses

On December 12, 2014, CMS issued proposed regulations that would add recognition of same-sex spouses to the Conditions of Participation (CoPs) and Conditions for Coverage (CfCs) relevant to patients in hospitals, ambulatory...more

12/17/2014 - CMS Health Care Providers Same-Sex Marriage

Ebola and Infectious Disease Risk Management for Hospitals and Health Care Facilities

The onset of active Ebola infections in the U.S. places hospitals and health care facilities in somewhat “uncharted waters” regarding their respective legal risks related to clinical care and the clinicians providing that...more

10/22/2014 - Ebola Healthcare Hospitals

Rule Overhaul to Save Health Industry Up To $640 Million, Medicare Says

On May 7, 2014, the U.S. Centers for Medicare & Medicaid Services (CMS) issued a long-awaited final rule in response to President Obama’s Executive Order (EO) 13563, “Improving Regulation and Regulatory Review,” which set as...more

5/14/2014 - Barack Obama CMS Executive Orders Final Rules Health Care Providers Healthcare Healthcare Costs Healthcare Facilities Hospitals Medicaid Medicare

CMS Again Delays Implementation of Controversial “2 Midnights Rule"

Hospitals gearing up for implementation of the “2 Midnights Rule” have more time to prepare—or consider joining efforts to modify or rescind the rule—now that CMS has delayed implementation for a third time....more

2/4/2014 - CMS Healthcare Inpatient Prospective Payment System (IPPS) Medicaid Medicare

CMS Complaint Investigation Process Changes – What Every Hospital with Deemed Status Should Know

The Centers for Medicare & Medicaid Services (CMS) recently announced revisions to its State Operations Manual that change the complaint survey investigation process and typical timeline for resolution....more

5/30/2013 - CMS Healthcare Hospitals Investigations Plan of Correction

CMS Issues Memorandum Detailing Effects of Sequestration on Survey & Certification

The Centers for Medicare & Medicaid Services has responded to the financial reductions from sequestration by planning for longer wait times and delays of some, and outright elimination of other, survey and certification...more


Surprise! CMS-2567 Statement of Deficiencies Forms for Hospital Surveys Now Available Online

The Centers for Medicare & Medicaid Services (CMS) released survey findings from hundreds of hospital CMS-2567 forms to a nonprofit organization that has posted the information—without responsive plans of correction from the...more

3/20/2013 - CMS Hospitals Plan of Correction Surveys

CMS Issues Second Set of Proposed Rule in Response to Executive Order 13563

The proposed rule, issued on February 7, 2013, would make reforms to existing Medicare regulations applicable to hospitals, ambulatory surgical centers, intermediate care facilities for individuals who are intellectually...more

2/21/2013 - Ambulatory Surgery Centers Clinical Laboratories CMS Critical Access Hospitals Hospitals Long Term Care Facilities Medicaid Medicare Organ Transplant Centers Rural Health Care Providers

Implementing the Restrictions on the Number of Physician Supervision and Collaboration Agreements under Illinois Law

Restrictions on the number of supervision agreements and collaboration agreements an Illinois physician may maintain require careful oversight and knowledge of the need to ensure compliance with these limitations. Changes to...more

2/5/2013 - Compliance FTEs Hospitals Physicians Supervision and Collaboration Agreements Written Agreements

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