Comments sought regarding the permissibility of messages relating to Medicaid and other health coverage programs.
The FCC is seeking comment on a request for clarification submitted by the Department of Health and Human...more
The US Department of Health and Human Services Office of Inspector General (OIG) recently published a favorable determination, Advisory Opinion 22-06, on behalf of a biopharmaceutical company (the Requestor) regarding the...more
As the COVID-19 pandemic continues, hospitals and other health care providers are facing a separate challenge: “Ivermania”—the wave of lawsuits filed against hospitals by guardians of COVID-19 patients seeking court orders...more
The FCC is requesting public comment on proposed reforms to the Rural Health Care Program to “promote program efficiency and ensure that rural healthcare providers receive appropriate levels of funding.”
Initial Comments...more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued its Omnibus Staff Vaccination Rule, mandating that all Medicare and Medicaid-certified facilities regulated under Medicare health and safety...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
New Rule Finalizes Penalties for Violating the 2021 Price Transparency Rule -
On November 2, 2021, CMS published the 2022 Hospital Outpatient Prospective Payment System Final Rule that addressed its previously-proposed...more
Makes Permanent Telehealth Behavioral Health Rules -
CMS published the 2022 Physician Fee Schedule Final Rule on November 2, 2021. The Rule keeps intact CMS’s temporary physician supervision requirements related to the...more
Expanded telehealth services temporarily permitted during the COVID-19 public health emergency would be further extended to December 21, 2023, in order for CMS to conduct analyses regarding permanent expansion of certain...more
Take note, all providers who received Provider Review Fund (PRF) payments – there are changes in the reporting deadlines and requirements. On June 11, the Department of Health and Human Services announced that it was...more
Click the link below for our complete analysis of recent updates to the Stark Law and Anti-Kickback Statute and their impact on health care providers.
...more
3/3/2021
/ 21st Century Cures Act ,
Anti-Kickback Statute ,
Bonuses ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Commercially Reasonable Efforts ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Fair Market Value ,
Final Rules ,
Health Care Providers ,
Health Insurance ,
Medicare Part D ,
OIG ,
Pharmacy Benefit Manager (PBM) ,
Profit Sharing ,
Safe Harbors ,
Stark Law ,
Value-Based Care
Recent updates to the federal Anti-Kickback Statute give providers additional flexibility to enter into innovative arrangements, but before doing so, providers must ensure they understand the safe harbor requirements...more
2/17/2021
/ Anti-Kickback Statute ,
Department of Health and Human Services (HHS) ,
Digital Health ,
DMEPOS ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Manufacturers ,
Medical Devices ,
OIG ,
Safe Harbors ,
Stark Law ,
Technology ,
Value-Based Care
Program Emphasizes Connected Care Services for Low-Income and Veteran Patients -
In a Public Notice released today, the FCC announced that its “Connected Care Pilot Program” (Pilot Program) application filing window will...more
The Federal government is warning that the threat of cybercrime, and especially ransomware, to US hospitals and healthcare providers has increased.
The Federal government is warning of an “increased and ongoing cybercrime...more
10/29/2020
/ Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Department of Health and Human Services (HHS) ,
FBI ,
Health Care Providers ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Hospitals ,
Personal Information ,
Ransomware
On September 25, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that it streamlined the federal Clinical Laboratory Improvement Amendments (CLIA) certification process for laboratories applying to perform...more
HHS has finalized the CARES Act provider reporting and recoupment rules and they are different from those put forth in the proposed form. Providers should take careful note — the new requirements are significant and...more
On September 18, 2020, under the authority of the Center for Medicare and Medicaid Innovation, CMS finalized the new Radiation Oncology Alternative Payment Model (Model), with a new payment methodology for radiation therapy...more
The Centers for Medicare and Medicaid Services (CMS) has withdrawn its proposed Medicaid Fiscal Accountability Regulation (MFAR), according to a September 14, 2020, announcement via Twitter by Administrator Seema...more
The FCC’s Connected Care Pilot Program is poised to defray eligible health care providers’ costs of providing certain telehealth services. On September 3, 2020, the FCC issued additional information and guidance for potential...more
9/15/2020
/ Community Health Systems ,
FCC ,
Health Care Providers ,
Hospitals ,
Local Health Departments (LHDs) ,
Non-Profit Hospitals ,
Public Notice ,
Rural Health Care Program ,
Skilled Nursing Facility ,
Telecommunications Act ,
Telehealth ,
Universal Service Fund ,
USAC
The recently passed CARES Act makes critical investments in telehealth and medicare reimbursements. We talked with Aaron Jacoby and Douglas Grimm about the impact the CARES Act will have on key components of the health care...more
As the spread of COVID-19 accelerates across the United States, hospitals, health systems, and other providers face unique challenges. Arent Fox’s Health Care Group analyzes what you need to know about regulatory changes and...more
The Centers for Medicare and Medicaid Services (CMS) issued a second Healthcare Common Procedure Coding System (HCPCS) code to be used by laboratories for the testing and tracking of new cases of the 2019-Novel Coronavirus...more
On September 17, 2019, the US District Court for the District of Columbia ruled in American Hospital Association, et al. v. Alex Azar, II, et al that the Centers for Medicare & Medicaid Services (CMS) exceeded its statutory...more
10/2/2019
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Hospitals ,
Medicaid ,
Medicare ,
Off-Campus Departments ,
Outpatient Prospective Payment System (OPPS) ,
Secretary of HHS ,
Statutory Authority ,
Vacated
On July 29, 2019, the Centers for Medicare & Medicaid Services issued the proposed CY 2020 Medicare Hospital Outpatient Prospective System and Ambulatory Surgical Center Payment System (Proposed Rule)....more
The Centers for Medicare and Medicaid Services (CMS) recently released the CY 2020 Proposed Physician Fee Schedule....more
8/6/2019
/ Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Hospitals ,
Medical Devices ,
Medical Records ,
Medicare ,
Open Payments ,
Opioid ,
Pharmaceutical Industry ,
Physician Assistants ,
Physician Fee Schedule ,
Physicians ,
Sunshine Act ,
Telehealth ,
Telemedicine
On June 18, 2019, the Federal Trade Commission (FTC) hosted a workshop to discuss and analyze the effects of Certificates of Public Advantage (COPAs) and Certificates of Need (CONs) on price and access to health care...more
7/10/2019
/ Acquisitions ,
Antitrust Violations ,
Certificate of Need ,
Certificates of Public Advantage (COPAs) ,
Construction Project ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Costs ,
Healthcare Facilities ,
Mergers ,
Patient Access ,
Public Comment ,
Quality of Care Standards