News & Analysis as of

Hospitals

Provider Taxes: The Battle over Medicare's Treatment Continues

by Baker Ober Health Law on

For the better part of a decade, hospitals and CMS have fought over the extent to which hospitals may claim as reasonable costs the provider tax assessments levied on them by the individual states in which they operate. In...more

A New Hurdle for Medical Malpractice Claimants: Legislation Establishing Medical Review Panels Takes Effect in Kentucky

by Reminger Co., LPA on

In a step toward tort reform, on June 29, 2017, Senate Bill 4 was signed into law and went into effect in Kentucky as KRS 216C.005 et seq., establishing a requirement that all potential medical malpractice lawsuits first be...more

Medicare Proposes Continued Relief for Critical Access and Rural Hospitals Through 2-Year Moratorium on Direct Supervision...

by Dorsey & Whitney LLP on

On July 13, 2017, CMS released a proposed rule as part of its 2018 Outpatient Prospective Payment System proposals that is aimed at helping to reduce some of the burdens rural hospitals experience in recruiting physicians....more

Settlement Creates Uncertainty in Determining EMTALA Obligations

by King & Spalding on

On June 23, 2017, a South Carolina-based hospital system, AnMed Health, agreed to pay $1,295,000 to settle allegations that it violated the Emergency Medical Treatment and Labor Act (EMTALA). The HHS OIG alleged AnMed held...more

New Medicare Proposals that Reduce Payment to Hospitals for 340B Drugs in 2018

by Dorsey & Whitney LLP on

On July 13, 2017, CMS released several proposed rules impacting health care, including the 2018 Outpatient Prospective Payment System (OPPS) proposed rule which, among other proposals, could have a significant impact on 340B...more

Health Alert (Australia) 17 July 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 June 2017 - Dr Praneal Dutt Sharma v Dr Phillip Segal and Dr Greg Chen [2017] NSWSC 867 - CONTRACT – commercial agreement...more

CMS Releases Proposed Rule for 2018 Physician Fee Schedule

by King & Spalding on

On July 13, 2017, CMS proposed a rule (Proposed Rule) updating payment policies and rates, as well as the quality provisions, for the Medicare Physician Fee Schedule (PFS). Among other provisions, the Proposed Rule reduces...more

Public Act 17-241 — An Act Concerning Fairness in Pharmacy and Pharmacy Benefits Manager Contracts

Connecticut Governor Dannel P. Malloy recently signed into law Public Act 17-241 (PA 17-241), which contains provisions concerning facility fees, the sending and receiving of electronic health records between hospitals and...more

Damages in Illinois Medical Malpractice Cases Not Limited

by Howard Ankin on

There are no limits on medical malpractice damages amounts in Illinois in cases that have occurred since 2010. This means that the victims of medical malpractice might be able to recover damages that fairly compensate them...more

Key funding issues for provider-operated allied health residency programs

by Dentons on

Medicare GME reimbursement is designed only to support the training of medical, dental and podiatric residents. The Medicare program does, however, provide separate funding to support certain programs that train nursing and...more

Public Act 17-241 — An Act Concerning Fairness in Pharmacy and Pharmacy Benefits Manager Contracts

by Robinson & Cole LLP on

Connecticut Governor Dannel P. Malloy recently signed into law Public Act 17-241 (PA 17-241), which contains provisions concerning facility fees, the sending and receiving of electronic health records between hospitals and...more

California Court Upholds Expansive Definition of Recoupment

The Bankruptcy Court for the Central District of California examined the scope of the doctrine of recoupment for Medicaid and related payments, allowing the deduction by the state. The court held that the California...more

Wisconsin appeals court rejects legal changes that GOP seeks nationally

Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...more

Princeton Community Hospital Replaces Computer Network After Petya Attack

Numerous hospitals were victims to last week’s (aka NotPetya) ransomware attack. But one hospital—Princeton Community Hospital in West Virginia–has admitted that it is going to replace its entire computer network after Petya...more

ERISA Newsletter - Second Quarter 2017

by Proskauer Rose LLP on

Editor's Overview - Welcome once again to Proskauer's newly revamped ERISA Newsletter. As a reminder, readers can obtain the information in this Newsletter as it is published on our blog. Our featured article this...more

Professional Review Activity or Professional Review Action?

by Faegre Baker Daniels on

Was the Louisville hospital’s restriction of Dr. Ben Reid’s surgery privileges a professional review activity or a professional review action? When Ben sued on various tort theories, the hospital claimed immunity under the...more

Proposed 2018 SMFP Need Determinations

by Poyner Spruill LLP on

The State Health Coordinating Council has published the Proposed 2018 State Medical Facilities Plan (“SMFP”), which includes need determinations of interest to a number of different types of providers. All of the proposed...more

Illinois Hospital Licensing Act Regulations Reflect New Reality of Health System Governance

by Hinshaw & Culbertson LLP on

The Illinois Hospital Licensing Act regulations (Regulations) have been revised significantly to reflect the new reality of health system governance of hospitals. The revisions focus on the governance and medical staffs of...more

GAO Releases Report on Evaluation Methodology in Hospital Value-Based Purchasing Program

by King & Spalding on

On June 30, 2017, the Government Accountability Office (GAO) released a report on the Hospital Value-Based Purchasing (HVBP) program, which evaluates hospital performance on quality and efficiency measures, and provides...more

CMS Open Payments: A Look Behind the Curtain

by McGuireWoods LLP on

Compliance officers often lament that it is impossible to identify, assess and manage the compliance risks of financial relationships they know nothing about. Too often they are limited to relationships brought to their...more

Health Alert (Australia) 27 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 22 June 2017 - Dorris Maharaj v Northern Health [2017] FWC 2997 - Application for relief from unfair dismissal – dismissal harsh,...more

Better Healthcare Newsletter from Patrick Malone - July 2017

What you need to know before having a knee or hip replaced - One of the largest demographic groups in U.S. history is graying fast and demanding treatments to keep active and mobile. That has made knee and hip replacements...more

Physician Employment Contracts: How to Avoid Conflict if an Employment Relationship Sours

In the ever-changing healthcare industry, one consistent trend has emerged in recent years—a shift from physicians being employed by physician-owned practices to physicians being employed by larger healthcare entities. In the...more

Seventh Circuit Affirms Grant of Summary Judgment in Hospital Antitrust Case

by King & Spalding on

On June 9, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the lower court’s grant of summary judgment in Methodist Health Services Corp. v. OSF Healthcare System d/b/a Saint Francis Medical Center,...more

The Joint Commission Releases Pain Assessment and Management Requirements

The Joint Commission (TJC) recently released new and revised pain assessment and management standards and elements of performance for its hospital accreditation program. These standards, effective January 1, 2018, follow an...more

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