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AGG Partners File Amicus Brief on Behalf of the Georgia Hospital Association and the Georgia Alliance of Community Hospitals

AGG health care litigation partners Jason Bring, Chesley McLeod, and Jerad Rissler recently filed a friend of the court brief with the Georgia Court of Appeals on behalf of both the Georgia Hospital Association and the...more

Answers to New York Hospice Providers’ Frequently Asked Questions Regarding Opioids

We are seeing a wide range of new state laws that impact the prescribing of opioids to hospice patients. Several bills are before the New York State Assembly that, if passed, could affect how prescriptions are written to...more

Summary Recap and Key Takeaways from AHLA’s Medicare and Medicaid Payment Issues Conference

Every year, health lawyers, providers, consultants, and government experts from across the country convene in Baltimore for the American Health Lawyers Association’s Institute on Medicare and Medicaid Payment Issues, the most...more

Answers to Hospice Providers’ Frequently Asked Questions Regarding Opioids in Georgia

Although we are seeing a wide range of new state laws that impact the prescribing of opioids to hospice patients, this year’s legislative session in Georgia has not produced any such laws. Because of the nation’s opioid...more

Tampa Physician Sentenced to Prison for Obstructing Medicare Audit

On Friday, September 14, 2018, U.S. District Judge Steven Merryday for the Middle District of Florida sentenced Dr. John Janick of Port Charlotte to five months in prison and three years of supervised release, plus...more

Momentum is Building: Another Federal Court Stops Recoupment During a ZPIC Appeal, Citing Backlog in Medicare Appeals Process as...

Medicare’s implementation of post-payment review through overly aggressive zone program integrity contractors (ZPICs) and unified program integrity contracts (UPICs), combined with an ineffective review process at the first...more

What’s Past Is Prologue: District Court Halts Medicare Recoupments After Fifth Circuit Rules That Courts Are Empowered to Halt...

Medicare’s implementation of post-payment review through overly aggressive private contractors, combined with an ineffective review process at the first two levels of the administrative appeal process (redetermination and...more

Georgia Enacts New Background Check Legislation for Long-Term Care Providers

Georgia has enacted a new law implementing a comprehensive program of background checks for Georgia long-term care facilities. The “Georgia Long-term Care Background Check Program” consolidates three existing background check...more

Fifth Circuit: District Courts Have Jurisdiction to Halt Medicare Recoupments Pending Administrative Appeal to Prevent Procedural...

Medicare’s implementation of post-payment review through private contractors who are overly aggressive in denying payments, combined with an ineffective review process at the first two levels of administrative appeal...more

Georgia General Assembly Considering New Background Check Legislation

The Georgia General Assembly is considering new legislation that would implement a comprehensive program of national fingerprint background checks for Georgia long-term care facilities. If passed, Senate Bill 406, the...more

CMS Unveils Hospice Compare Website

On August 16, 2017, the Centers for Medicare and Medicaid Services (CMS) released the Hospice Compare website. This website joins a variety of other CMS “Compare” websites – including Inpatient Rehabilitation Facility...more

Largest Health Care Enforcement Action in Department of Justice History

On July 13, 2017, the Department of Justice, in conjunction with the Department of Health and Human Services, announced the largest series of health care charges in American history. The government charged 412 individuals,...more

CMS Federal Nursing Home Arbitration Agreement Ban Is Not Likely to Remain Unchallenged

People in this country have long enjoyed the right to contract. Included with that right is the ability to agree to resolve potential disputes out of court and in arbitration. The Centers for Medicare & Medicaid Services’...more

Georgia General Assembly Once Again Considered CON Repeal

A bill introduced last week in the Georgia General Assembly sought to eliminate the state’s Certificate of Need (“CON”) program, which has been in place since 1979. The CON program’s goals are: “(1) to measure and define...more

AGG Helps Hospice Weather the Perfect Storm of Aggressive Medicare Payment Denials and Administrative Appeal Backlog

Medicare’s implementation of post-payment review through private contractors who are overly aggressive in denying payments, combined with a severe backlog of cases in queue for hearing before an Administrative Law Judge...more

Overreaching or Underreaching? Comments on the CMS Proposed Rule on Arbitration Agreement in Long Term Care Facilities

During the 90-day public comment period on the Center for Medicare & Medicaid Services (CMS) proposed rule entitled “Reform of Requirements for Long-Term Care Facilities” which closed October 14, 2015, CMS received nearly...more

A Federal Ban on Arbitration Agreements in Nursing Homes? Senators’ Comment on CMS Proposed Rule Ignores Congressional Intent and...

In July, the Centers for Medicare & Medicaid Services (CMS) proposed changes to the requirements for long-term care facilities, including implementation of new restrictions on the use of binding arbitration agreements between...more

The Yates Memo – A Warning to Execs and Employees: Effects of Expanding the DOJ’s Efforts to Combat Corporate Wrongdoing and Hold...

“The buck needs to stop somewhere where corporate misconduct is concerned,” said Attorney General Eric Holder in a September 17, 2014 speech to NYU School of Law. He went on to say that “corporations are structured to blur...more

Arbitration Programs and Enforcement: Top 10 Checklist

(...) Saving Money – The Proof is in the Empirical Data - A recent national study concluded that arbitration awards are approximately 35% lower than recoveries in the court systems. Moreover, attorney’s fees for defending...more

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