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AGG Talks: Home Health & Hospice Podcast - Episode 5: Understanding Palliative Care: Strategies for Compliance and Reimbursement [Audio]

In this episode, AGG Post-Acute & Long-Term Care co-chair Jason Bring is joined by AGG Healthcare attorney Charmaine Mech to discuss the latest developments in the palliative care industry across the country. Jason and...more

OIG Announces New Audit Focus on Diabetes Drugs and Weight Loss

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) announced multiple new OIG Work Plan Items, including two audits, focused on identifying and quantifying improper Medicare and Medicaid...more

The Devil’s in the Details: Hospice Providers Face Claim Denials for Election Statement Technicalities

Since the Centers for Medicare & Medicaid Services (“CMS”) paused much of its audit activity during the COVID Public Health Emergency, the most recent rounds of Medicare audit activity may represent the first “look” at the...more

Changing With the Times: OIG’s New “General Compliance Program Guidance” Expands Focus to New Industry Stakeholders and Updates...

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently published a new resource titled General Compliance Program Guidance (“GCPG”), which is described as a reference guide for the...more

OIG Advisory Opinion Determines “Carve Out” Arrangement Limited to Commercially Insured Patients May Violate the Anti-Kickback...

On September 25, 2023, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) issued an unfavorable Advisory Opinion No. 23-06 related to a proposed arrangement involving purchasing the technical...more

AGG Food & Drug Newsletter - February 2023

Arnall Golden Gregory LLP's Food & Drug Newsletter is a roundup of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more

New California Law Requires Physicians to Provide Patients with Notice of the Federal Open Payments Program

A new California law – Assembly Bill 1278, which was signed by the Governor on September 29, 2022 – requires physicians to provide patients with notice of the federal Open Payments database. The federal Open Payments program...more

Biden’s 2023 Proposed Budget Aims to Hold Long-Term Care Facility Owners Accountable

President Biden recently announced his Federal Fiscal Year Budget Proposal, which included a proposal to hold long-term care (LTC) facility owners accountable for noncompliant closures and substandard care. Specifically,...more

A Change Is Gonna Come: AdvaMed Revises Its Code of Ethics on Interactions With Health Care Professionals

In 1964, Sam Cooke sang “A Change is Gonna Come.” In March 2022, the Advanced Medical Technology (AdvaMed) said the same when it announced revisions to its Code of Ethics on Interactions with Health Care Professionals (the...more

CHOW Considerations for Medicare Chain Providers: The Importance of Knowing Your MAC

All Medicare providers must update their enrollment information to reflect changes in ownership (CHOWs) within 30 days after the CHOW. Providers must report CHOWs to the applicable Medicare Administrative Contractor (MAC)....more

Takeaways from the American Health Law Association’s 2021 Medicare and Medicaid Payments Conference

On March 24 – 26, 2021, the American Health Law Association (AHLA) held a virtual Institute on Medicare and Medicaid Payment Issues. The program addresses legal and regulatory issues related to reimbursement and brings...more

HHS to Distribute Rapid COVID-19 Tests to Home Health and Hospice Providers

On August 27, 2020, the federal government announced that it has partnered with Abbott Laboratories to produce rapid point-of-care COVID-19 tests and has purchased 150 million tests for distribution to certain healthcare...more

October 1, 2020 Hospice Changes: Hospices Must Provide Beneficiaries Addenda Outlining Conditions, Services, and Drugs Not Covered...

In an effort to increase coverage transparency, for hospice elections beginning on or after October 1, 2020, the beneficiary, beneficiary’s representative, non-hospice providers, or Medicare contractors may request a written...more

Civil Immunity for COVID-19 Claims Extended for Georgia Healthcare Facilities, Including Personal Care Homes and Assisted Living...

The Georgia COVID-19 Pandemic Business Safety Act (the “Bill”), which Governor Kemp is expected to sign the Bill into law, would provide civil immunity from certain liability claims related to COVID-19. The Bill follows...more

Georgia Order Limits Liability of Healthcare Institution Staff During COVID-19 State of Emergency

In an effort to provide healthcare institutions and medical facilities “additional flexibility,” Georgia Governor, Brian P. Kemp, issued a new Executive Order limiting the liability of employees, staff, and contractors of...more

CMS Waives Certain Medicare Physician Supervision Requirements to Afford Practitioners Greater Flexibility During COVID-19

On April 9, 2020, the Centers for Medicare and Medicaid Services (“CMS”) provided additional guidance on CMS’s waiver of certain Medicare physician supervision requirements in response to Coronavirus Disease 2019 (COVID-19). ...more

Best Operational and Compliance Practices for Long-Term Care Providers in Response to COVID-19

Long-term care facilities, including nursing homes and assisted living facilities, are at high risk of being affected by COVID-19 due to their congregate nature and the type of residents population served (e.g., older adults...more

Pennsylvania Court Orders the Department of Health to Provide Copies of CHOW Filings and Transaction Documents to Reporter

On January 3, 2020, a Pennsylvania Court ordered the Pennsylvania Department of Health (“DOH”) to provide certain records regarding change of ownerships of thirty-five Pennsylvania long-term care facilities (the “Providers”)...more

CMS Expands Authority to Revoke Providers’ Medicare Enrollment While Medicare Overpayment Appeals are Pending ALJ Review

On September 10, 2019, the Centers for Medicare and Medicaid Services (CMS) announced new authority to revoke providers’ Medicare enrollment and any corresponding provider agreements or supplier agreements through revisions...more

CMS Announces New Discharge Planning Requirements for Hospitals and HHAs with Implications for PAC Providers

On September 26, 2019, the Centers for Medicare & Medicaid Services (CMS) announced a new Final Rule, Revisions to Discharge Planning Requirements (CMS-3317-F) in a bid to “improve engagement, choice and continuity of care...more

OIG’s Latest Report Continues to Build a Case for Increased Scrutiny of Emergency Ambulance Transports

If the looming threat of the Review Choice Demonstration which recently began in Illinois was not sufficient to make home health agencies a little anxious, the U.S. Department of Health and Human Services, Office of Inspector...more

Good News for Medicare Providers as CMS Expands Settlement Conference Facilitation and Introduces New Initiative for IRFs

The Centers for Medicare and Medicaid Services (CMS) made a number of recent changes to expand the Settlement Conference Facilitation (SCF) process for providers and suppliers mired in the backlog of appeals at the...more

OIG Study Highlights How High-Performing ACOs Controlled Costs and Improved Quality by Working Collaboratively with SNFs and HHAs

On July 19, 2019, the Office of Inspector General (OIG) noted seven successful strategies used by twenty high-performing Accountable Care Organizations (ACOs) to reduce spending and improve quality of care. ...more

OIG Increases Scrutiny of Home Health Agencies

If the looming threat of the Review Choice Demonstration which recently began in Illinois was not sufficient to make home health agencies a little anxious, the U.S. Department of Health and Human Services, Office of Inspector...more

New Georgia Bill Would Authorize Certified Medication Aides to Administer Liquid Morphine to Assisted Living Community Residents

The Georgia House and Senate have passed House Bill 374, which would authorize certified medication aides to administer liquid morphine to assisted living community residents under hospice care pursuant to a physician’s...more

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