Todd Hemphill

Todd Hemphill

Poyner Spruill LLP

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Latest Publications


Final 2017 SMFP Need Determinations

The 2017 State Medical Facilities Plan (SMFP) was approved by Governor McCrory on December 14, 2016, and has been issued effective January 1, 2017. It includes need determinations of interest to a number of different types of...more

1/5/2017 - Certificate of Need Governor Pat McCrory Healthcare Facilities Hospitals

Corridors - June 2016 - News for North Carolina Hospitals

Final CMS Rule on the Reporting and Returning of Medicare Overpayments Is a Wake-Up Call for Physicians - Effective March 14, 2016, a final rule published in February 2016 by the Centers for Medicare and Medicaid...more

6/6/2016 - Blue Pencil Contract Modification CMS False Claims Act (FCA) HIPAA Audits Non-Compete Agreements Overpayment Recovery Time Limits Statistical Sampling

Statistical Sampling in FCA Case Under Review by 4th Circuit Court of Appeals

The issue of using statistical sampling in federal False Claims Act (FCA) cases has come to the fore in the 4th Circuit Court of Appeals, following a U.S. District Court decision denying its use in a case brought in South...more

5/6/2016 - Calculation of Damages False Claims Act (FCA) Nursing Homes Statistical Sampling Whistleblowers

Final 2016 SMFP Need Determinations

The 2016 State Medical Facilities Plan (SMFP) was approved by Governor McCrory on December 15, 2015, and has been issued effective January 1, 2016. It includes several need determinations of interest to hospitals. These...more

1/14/2016 - Certificate of Need Governor Pat McCrory Healthcare Facilities Hospitals Nursing Homes

Proposed CON and Reporting Rules in the Works at DHHS - Corridors January 2016

The N.C. Department of Health and Human Services (the Department) has recently proposed changes to the rules governing health service facilities, including hospitals. The Department’s Healthcare Planning and Certificate of...more

1/12/2016 - Certificate of Need Healthcare Facilities Hospitals Proposed Amendments Reporting Requirements

Corridors - January 2016 - News for North Carolina Hospitals

Final Stark Rule Changes Adopt New Exceptions For Hospitals and Significant Clarifications - In the Medicare Fee Schedule Final Rule with Comment Period for calendar year 2016, the Centers for Medicare & Medicaid...more

1/11/2016 - CMS Corporate Misconduct Hospitals Quality of Care Standards Stark Law

Final Curtain Call for Tuomey: Long-Running FCA/Stark Case Settled

After 10 years of litigation, including two trials and appeals to the 4th Circuit Court of Appeals, the U.S. Department of Justice (DOJ) and Tuomey Healthcare System (Tuomey) have entered into a settlement of DOJ's action...more

11/5/2015 - Advice-of-Counsel Defense Corporate Integrity Agreement Damages DOJ Employment Contract Enforcement Actions Fair Market Value False Claims Act (FCA) Health Care Providers Hospitals Medicare Penalties Physician Compensation Arrangements Physicians Qui Tam Reimbursements Settlement Stark Law Tuomey

The Health Law Guide to Hospital Operations

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

8/26/2015 - Anti-Kickback Statute Certificate of Need Chief Compliance Officers Compliance Confidential Information Corporate Governance Document Retention Policies End-of-Life-Care Healthcare Hospitals Internal Audit Functions Non-Profit Hospitals Patient Self-Referral Peer Review Physicians

Hospital Options for Unused Long Term Care Beds - Corridors Newsletter Fall 2014

A number of hospitals in North Carolina have skilled nursing beds in their bed inventory. According to the Proposed 2015 State Medical Facilities Plan (SMFP), 1,652 of the 45,724 (or approximately 4 percent) of the licensed...more

9/10/2014 - Certificate of Need Healthcare Hospitals Long-Term Care Nursing Homes Skilled Nursing Facility

Corridors Fall 2014 - News for NC Hospitals

In this issue: - North Carolina’s Medicaid RAC Program – Don’t Let Your Guard Down - A Primer on Medicare Requirements for Physician Supervision of “Incident to” Services - Hospital Options for Unused...more

9/10/2014 - Hospitals Long-Term Care Medicaid Medicaid Expansion Medicare Physicians

Shorts on Long Term Care - Summer 2014

In this issue: - Nursing Facility Survey Trends: Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee Citations - COBRA Meets ACA – Time to Update COBRA Notices -...more

7/25/2014 - Administrative Hearings Advance Directives Affordable Care Act COBRA Dual Eligibility Email Employer Liability Issues Healthcare Hospitals Long-Term Care Medicare Medicare Part C NLRB Patient Privacy Rights Plan of Correction

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