Baker Ober Health Law

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Firm Profile: Baker Donelson
165 Madison Avenue
Suite 2000
Memphis, TN 38103, United States
Phone: 901.526.2000
Fax: 901.577.2303
Areas of Practice
  • Health
Locations
Other U.S. Locations
  • Alabama
  • D.C.
  • Florida
  • Georgia
  • Louisiana
  • Maryland
  • Mississippi
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
Number of Attorneys
100+ Attorneys

The New Option in Town: Applying for the Low Volume Appeals Settlement

In November 2017, the Department of Health and Human Services (HHS) announced new settlement options for providers and suppliers stuck in the backlog of the Medicare appeals process. One of the new options available is the Low…more
 /  Administrative Law, Health, Insurance

OIG January 2018 Work Plan Update

The OIG added six new items to its Work Plan with the January 2018 update, as listed in the chart below. Consistent with prior Work Plan missives, the OIG continues to focus its efforts on reducing prescription opioid misuse…more
 /  Health

OIG Offers Additional Guidance on Gainsharing Arrangement in Advisory Opinion 17-09

A non-profit acute care hospital may share cost savings for certain spinal surgeries with neurosurgeons in a multi-specialty physician group following approval by the U.S. Department of Health & Human Services, Office of…more
 /  Health

Nursing Facility Discounts Approved in OIG Advisory Opinion 17-08

The OIG created an opening for nursing facility discounts to private payors when it approved a startup company's proposal to create a network of nursing facilities willing to offer discounts on the daily rates charged to private…more
 /  Administrative Law, Health, Insurance

Comments Solicited on New Telemedicine Accreditation Standards

On January 25, 2018, the ClearHealth Quality InstituteTM (CHQI) announced the release of draft standards within CHQI's Telemedicine Accreditation Program. The standards are intended to assess the quality and effectiveness of…more
 /  Health, Science, Computers, & Technology

BPCI Advanced – CMS Offers a Familiar Program with a New Twist

The Centers for Medicare & Medicaid Services (CMS) is launching BPCI Advanced – the successor program to the Bundled Payments for Care Improvement Initiative. Providers that like the current BPCI program, or simply missed the…more
 /  Health

Post-Acute Care Providers Ponder Role in BPCI Advanced

As CMS's approach to Alternative Payment Models continues to evolve, most recently with the release of BPCI Advanced, post-acute care providers may be left scratching their heads as they try to determine where they fit. An…more
 /  Health

Maryland Telehealth Update: RPM, Store and Forward and Looking Ahead

The Maryland Medicaid telehealth landscape saw some expansion in late 2017. The growth may not go as far as stakeholders desire, but it is movement nonetheless…more
 /  Health, Science, Computers, & Technology

New SAMHSA Rule: Permissible Part 2 Substance Abuse Disclosures to Subcontractors

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule to revise 42 CFR Part 2, the federal regulations governing confidentiality of certain substance abuse patients'…more
 /  Administrative Law, Health, Privacy

Medicare 340B Drug Payment Policy Survives Legal Challenge; Hospitals Say, It's Not Over

A federal court has handed CMS an initial legal victory enabling drastic cuts in Medicare Part B payment to take effect for separately payable drugs and biologicals purchased by hospitals under the 340B Drug Discount Program…more
 /  Administrative Law, Civil Procedure, Elections & Politics, Health, Science, Computers, & Technology

New Tax Overhaul and Government Funding Measures: What's in It for Health Care?

In the week before Christmas, Congress approved and President Trump signed into law the final Republican tax overhaul bill. While primarily focused on individual and business tax cuts and reform, the new tax bill taking effect…more
 /  Elections & Politics, Health, Insurance, Taxation

Court Upholds Procedural Validity of HHS's Outlier Reconciliation Instructions

On December 26, 2017, the United States Court of Appeals for the District of Columbia Circuit upheld the procedural validity of 2010 manual instructions setting out the criteria by which Medicare outlier payments might be…more
 /  Administrative Law, Civil Procedure, Health

The Battle over Medicare's Treatment of Provider Taxes May be Coming to an End

For much of the past decade, hospitals and CMS have battled over whether providers may claim, as Medicare reasonable costs, the full amount of provider tax assessments levied upon them by the states in which they operate. In…more
 /  Constitutional Law, Health, Taxation

CMS Clarifies Text Messaging Prohibition

After a confusing month of contradicting guidance, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum clarifying its position regarding the use of text messaging with patient information between providers. In…more
 /  Health, Privacy, Science, Computers, & Technology

OIG December 2017 Work Plan Update

The OIG added six items to its Work Plan with the December 2017 update, as listed in the chart below. Interestingly, three of the new items relate to Medicaid, and two relate to the opioid epidemic. Medicare Advantage…more
 /  Health
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