Jeffrey Alberg at McGuireWoods LLP

New York to Implement Mandatory Reporting of Health Care Transactions

As 2023 legislative sessions wind down, many states are considering bills that would require pre-close review or approval of healthcare transactions by a state agency or attorney general’s office, including one that passed...more

5/9/2023 / Health Care Providers , Healthcare Facilities , Reporting Requirements , State and Local Government

Supreme Court Upholds CMS Vaccine Mandate: Next Steps for Healthcare Providers

Update (Jan. 15, 2022): After the Jan. 14, 2022, publication of this alert, the Centers for Medicare & Medicaid Services issued updated guidance to State Survey Agency directors providing 30 days (by Feb. 13) for facilities...more

1/17/2022 / Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Corporate Counsel , Healthcare Workers , Infectious Diseases , Popular , SCOTUS , Vaccinations

OIG Advisory Opinion Allows ASC Joint Venture by Management Company and Hospital-Employed Physicians

On April 29, 2021, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion regarding the development and investment of an ambulatory surgery center (ASC) owned...more

5/24/2021 / Ambulatory Surgery Centers , Anti-Kickback Statute , Hospitals , Joint Venture , OIG , Physicians

HHS OIG Targets Ophthalmology Practices for Medicare Billing Compliance: Eight Key Takeaways

One of the most challenging billing compliance issues ophthalmology practices encounter in coding and reimbursement is understanding when services provided on the same day as a surgical procedure are payable separately from...more

4/30/2021 / Billing , Department of Health and Human Services (HHS) , Health Care Providers , Medicare , OIG

5th Circuit Weakens HHS’ Ability to Enforce HIPAA Safeguards

Healthcare providers and other covered entities are not required by HIPAA regulations to have “bulletproof” protections for safeguarding patient information stored in electronic form, according to a January 14, 2021 decision...more

1/28/2021 / Civil Monetary Penalty , Covered Entities , Department of Health and Human Services (HHS) , Health Care Providers , Health Insurance Portability and Accountability Act (HIPAA) , OCR , PHI

Omnibus Appropriations Package – 15 Key Provisions for Healthcare Providers

Passed by Congress Dec. 21, 2020, and signed by President Donald Trump Dec. 27, 2020, the $1.4 trillion omnibus Consolidated Appropriations Act, 2021 (H.R. 133), includes numerous statutory provisions that directly affect...more

1/14/2021 / CARES Act , Centers for Medicare & Medicaid Services (CMS) , Consolidated Appropriations Act (CAA) , Department of Health and Human Services (HHS) , Health Care Providers , Medicare , Physician Fee Schedule , Telehealth

HHS OIG Adds Audit of CARES Act Provider Relief Funds to Work Plan

On May 22, 2020, the U.S. Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) updated its Work Plan to reflect its planned audit of the $50 billion disbursed by HHS to hospitals and other...more

5/27/2020 / CARES Act , Coronavirus/COVID-19 , Department of Health and Human Services (HHS) , Health Care Providers , OIG

CMS Issues Explanatory Guidance on Stark Law Blanket Waivers During COVID-19 Pandemic

On April 21, 2020, the Centers for Medicare & Medicaid Services (CMS) issued guidance on the scope and application of the blanket waivers to the Physician Self-Referral Law (Stark Law) issued by the Department of Health and...more

5/1/2020 / Anti-Kickback Statute , Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Health Care Providers , Physicians , Stark Law

What Investors Should Understand About Investments in Hospice, Home Health and the Broader Post-Acute Sector – 3 Key Points

The next in our series of posts sharing key takeaways from panels at the Healthcare & Life Sciences Private Equity and Lending Conference is authored by our colleagues Trey Andrews and Jeff Alberg....more

4/7/2020 / Hospice , Investors , Private Equity

Federal Court Upholds CMS’ Use of Extrapolation to Claw-Back Improper Payments

A recent federal court decision should serve as an important reminder to providers that the Centers for Medicare and Medicaid Services (“CMS”) and its contractors have substantial authority to audit provider Medicare claims...more

2/18/2020 / Centers for Medicare & Medicaid Services (CMS) , Health Care Providers , Medicare , OIG

Changes to CMS’ Conditions of Participation Regulations for Providers Take Effect Nov. 29

Healthcare providers should begin finalizing plans to implement the Centers for Medicare and Medicaid Services’ Omnibus Burden Reductions (conditions of participation) final rule, which becomes effective Nov. 29, 2019. The...more

11/13/2019 / Ambulatory Surgery Centers , Centers for Medicare & Medicaid Services (CMS) , Health Care Providers , Healthcare Facilities , Hospitals

Jeffrey Alberg

McGuireWoods LLP

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