Steve Lokensgard on Centers for Medicare & Medicaid Services (CMS)

Healthcare compliance in a post-pandemic world

On January 31, 2020, pursuant to Section 319 of the Public Health Service Act, the secretary of the U.S. Department of Health & Human Services (HHS) determined that a public health emergency (PHE) exists due to the soaring...more

5/3/2023 / Centers for Medicare & Medicaid Services (CMS) , Children's Health Insurance Program (CHIP) , Coronavirus/COVID-19 , Department of Health and Human Services (HHS) , Durable Medical Equipment , Health Care Providers , Home Health Care , Hospitals , Physicians , Public Health Emergency , Telehealth

A New Normal: Preparing Compliance Programs for Changes to Federal Telehealth Policy in a Post-Pandemic World

The rapid growth of telehealth during the COVID-19 pandemic continued and expanded access to care for millions of patients. Despite telehealth’s success in promoting continuity of care amid stay-at-home orders and social...more

6/29/2022 / Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Health Care Providers , Health Insurance Portability and Accountability Act (HIPAA) , Public Health Emergency , Telehealth

Patient Engagement Tools and Supports: Analysis of the New Anti-Kickback Statute Regulatory Safe Harbor

Providers have a new tool in their toolbox to promote population health. The Health and Human Services Office of Inspector General (OIG) has adopted a new, extremely broad safe harbor that allows certain providers to give...more

12/3/2020 / ACOs , Anti-Kickback Statute , Centers for Medicare & Medicaid Services (CMS) , Health Care Providers , Medical Devices , OIG , Pharmaceutical Industry , Pharmacy Benefit Manager (PBM) , Safe Harbors

‘Text Me Your Symptoms’: CMS Proposes Expanding Coverage for Digital Health Services

In what can only be described as “out of the box” thinking, the Centers for Medicare and Medicaid Services (CMS) is proposing to pay physicians for virtual check-ins, and for asynchronous interactions with patients in which...more

7/30/2018 / Centers for Medicare & Medicaid Services (CMS) , Health Care Providers , Medicare , Physician Fee Schedule , Physicians , Telehealth

In Removing HSD Tables From Applications, CMS Opens the Door to Medicare Advantage Growth

Recently, the Centers for Medicare & Medicaid Services (CMS) released its draft 2019 Medicare Advantage application. Health plans seeking to participate in the Medicare Advantage (MA) program for the first time or expanding...more

8/30/2017 / Centers for Medicare & Medicaid Services (CMS) , GAO , Health Care Providers , Managed Care Contracts , Medicare , Medicare Advantage

Telehealth Remains a Top Priority for Advancing Quality Health Care

Even with the prospect of Obamacare repeal and replace on the backburner for now, the federal government continues to focus on health care. Following August recess, Congress will have less than four weeks to work through...more

8/14/2017 / Affordable Care Act , Centers for Medicare & Medicaid Services (CMS) , Children's Health Insurance Program (CHIP) , Department of Health and Human Services (HHS) , EHR , Medicare , Medicare Part B , OIG , Telehealth

An Unsettling Settlement: Health Plan to Pay $32 Million to Settle Coding and Provider Network Misrepresentation Charge

On May 30, the Department of Justice (DOJ) announced that it reached a settlement with commonly-owned Freedom Health Inc. and Optimum Healthcare, Inc. (Freedom Health) — two Tampa, Florida, managed care plans — to settle...more

6/6/2017 / Centers for Medicare & Medicaid Services (CMS) , Department of Justice (DOJ) , False Claims Act (FCA) , Health Care Providers , Medicare Advantage

Meaningful Use Changes in 2017 OPPS Final Rule

On November 14, 2016, the Centers for Medicare and Medicaid Services (CMS) published the 2017 Outpatient Prospective Payment System (OPPS) final rule in the Federal Register. The rule finalizes changes to the Electronic...more

11/16/2016 / Centers for Medicare & Medicaid Services (CMS) , EHR , Health Care Providers , Inpatient Prospective Payment System (IPPS) , Meaningful Use , OPPS

Finally, A Final Rule on ACA's 60-Day Repayment Rule

On February 11, 2016, the Centers for Medicare & Medicaid Services (CMS) released the much anticipated final rule on the so-called “60-day rule.” The long road to the final rule began when the Affordable Care Act (ACA)...more

2/15/2016 / Affordable Care Act , Centers for Medicare & Medicaid Services (CMS) , False Claims Act (FCA) , Final Rules , Overpayment Recovery Time Limits

Whether Naughty or Nice, Recovery Audit Contractors Are Coming to Medicare Advantage

During the holiday season lull, the Centers for Medicare and Medicaid Services (CMS) issued a weighty document. The agency put out a draft statement of work to procure Recovery Audit Contractors (RACs) for the Medicare...more

1/4/2016 / Affordable Care Act , Centers for Medicare & Medicaid Services (CMS) , Medicare Advantage , Recovery Audit Contractors (RACs)

Critical Access Hospital Soothsayers and the 96-Hour Physician Certification Requirement

This year critical access hospitals (CAH) have struggled to implement procedures to comply with both the "two-midnight" rule and the 96-hour physician certification requirement. The combination of both puts physicians in a...more

10/16/2014 / Centers for Medicare & Medicaid Services (CMS) , Healthcare , Hospitals , Medicare , Physicians , Recovery Audit Contractors (RACs) , Two-Midnight Rule

Steve Lokensgard

Faegre Drinker Biddle & Reath LLP

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