MedPAC recommends no additional increase in payments for dialysis in 2024 -
MedPAC’s report on outpatient dialysis services recommends Congress not increase Medicare payments for dialysis services next year beyond the...more
5/9/2023
/ Acquisitions ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Divestiture ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Joint Venture ,
MedPAC ,
Organ Donation ,
Restrictive Covenants ,
Trade Secrets
ME trial reminiscent of DaVita anti-poaching case that also ended in acquittal; DOJ strategy questioned -
In Apr. 2022, juries in TX and CO acquitted healthcare companies charged by the DOJ’s Antitrust Division. In the CO...more
4/12/2023
/ Acquittals ,
Antitrust Violations ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Prosecution ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Government Investigations ,
Healthcare Facilities ,
Medical Research ,
Medicare ,
Medigap ,
Organ Donation ,
Veterans Administration
Correction to our January 31, 2023 newsletter article, “Dialysis Provider Satellite Healthcare Reports Data Breach Affecting Nearly 100k Patients”:
Media Statement, Satellite Healthcare -
In January 2023, Satellite...more
Benesch: Changes to state laws mean IL employers should review their employment practices -
In IL, legislation affecting workplaces went into effect at the beginning of the year, including:
..The minimum wage was...more
Federal omnibus spending bill rolls back some Medicare payment cuts scheduled for 2023, 2024 -
Buried within the $1.7-trillion spending package signed by the President on Dec. 29 was partial relief for a planned 4.5% cut...more
1/16/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Donors ,
ESRD ,
False Claims Act (FCA) ,
Fraud ,
Fresenius ,
Health Care Providers ,
Medicare ,
Organ Donation ,
Physician Fee Schedule ,
Physician Medicare Reimbursements ,
Physicians
Benesch: AKS claims against Azura dropped; FCA allegations to continue with DOJ intervention -
The DOJ filed an Amended Intervenor Complaint in Aug. alleging between 2012 and 2018, Fresenius Medical Care’s business unit,...more
Benesch: DOL proposed rule aims to clarify independent contractor classification -
The Department of Labor (DOL) proposes changes to the Fair Labor Standards Act to clarify the difference between an independent contractor...more
Benesch outlines five states with data protection laws coming into effect in 2023 -
Next year, statutes for data security and data privacy will go into effect in CA and VA on Jan. 1, while laws in CO and CT will be...more
Fresenius CEO resigning; to be replaced by head of company’s pharmaceutical business -
Michael Sen, President and CEO of Fresenius Kabi, will replace Stephan Sturm as CEO of Fresenius SE on Oct. 1. Shares in the company...more
DOJ files civil complaint alleging Fresenius performed unnecessary procedures on dialysis patients -
In June, it was revealed that DOJ would partially join a whistleblower lawsuit against the dialysis provider. In a civil...more
8/3/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Congressional Committees ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dialysis ,
Dialysis Providers ,
Food and Drug Administration (FDA) ,
Fraud ,
Healthcare Facilities ,
Healthcare Fraud ,
Medical Devices ,
Medtronic ,
Mergers ,
Organ Donation ,
Product Recalls
SCOTUS sides with OH-based medical plan in dispute with DaVita over dialysis reimbursements -
In a 7-2 vote, the Supreme Court ruled in favor of the Marietta Memorial Hospital Employee Benefit Plan in a case that hinged...more
Medtronic, DaVita forming kidney tech company to develop dialysis delivery systems -
The healthtech and the dialysis provider will be 50-50 partners in the venture, which will include the entirety of Medtronic’s renal...more
Denver jury acquits DaVita, former CEO, of all charges in antitrust trial -
After two days of deliberations, a Denver jury found DaVita and former CEO Kent Thiry not guilty of all charges relating to charges they...more
5/10/2022
/ Acquisitions ,
Criminal Prosecution ,
Dialysis ,
Dialysis Providers ,
Food and Drug Administration (FDA) ,
Grants ,
Medical Devices ,
Medical Research ,
Organ Donation ,
Proposed Legislation ,
Sherman Act ,
Whistleblowers
SCOTUS questions appear to support DaVita’s position in dialysis care discrimination case -
Private plans are supposed to provide coverage for dialysis for the first 30 months before the patients can transition to...more
CMS calls for applications for second cohort of KCC Model; deadline set for Mar. 25 -
The Center for Medicare and Medicaid Innovation says performance period participation agreements for the CMS Kidney Care First Option...more
Benesch: SCOTUS decisions on COVID-19 vaccine mandates have repercussions for employers, healthcare facilities
The Supreme Court decided two cases relating to COVID-19 vaccination mandates. In the first case, SCOTUS ruled...more
2/4/2022
/ Acquisitions ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Dialysis ,
Dialysis Providers ,
Employer Mandates ,
Infectious Diseases ,
OSHA ,
Physician Medicare Reimbursements ,
Vaccinations ,
Workplace Safety
Benesch reviews state, federal modifications to restrictive covenant laws -
In a “Year-End Review,” Benesch points out there was considerable activity in trade secret and restrictive covenant law in 2021. Some of the...more
1/12/2022
/ American Medical Association ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Contract Terms ,
Dialysis Providers ,
Employment Contract ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Hospitals ,
Medical Research ,
Non-Compete Agreements ,
Organ Transplant Centers ,
Physicians ,
Restrictive Covenants ,
State and Local Government ,
Surprise Medical Bills
SCOTUS to consider case alleging private plan’s ESRD coverage violates MSPA -
The Supreme Court agreed to hear the case of Marietta Memorial Hospital Employee Health Benefits Plan v. DaVita, which alleges a private...more
12/6/2021
/ Antitrust Litigation ,
Biden Administration ,
Coronavirus/COVID-19 ,
Dialysis ,
Dialysis Providers ,
Employer Group Health Plans ,
ESRD ,
Medicare ,
Organ Transplant Centers ,
SCOTUS ,
Vaccinations
Carolina Kidney Partners: Addition of Ga.-based nephrology practice expands Medicare, commercial insurance footprint -
Savannah’s Nephrology & Hypertension Medical Associates operates seven clinics in Ga. and S. Car....more
Industry players agree on need for quality assurance but believe CMS’ QIP program for ESRD care delivery flawed -
The ESRD Quality Incentive Program (QIP) implemented by CMS provides a payment penalty of up to 2% for...more
On July 13, 2021 the Centers for Medicare and Medicaid Services (CMS) released the Medicare Physician Fee Schedule (MPFS) proposed rule for calendar year (CY) 2022 that could result in potentially significant reductions to...more
DaVita, former CEO indicted in federal market collusion case -
DaVita and the company’s former CEO, Kent Thiry, were alleged to have conspired with Surgical Care Affiliates to suppress competition for senior-level...more