News & Analysis as of

Ambulatory Surgery Centers

Bass, Berry & Sims PLC

Expect the Expected: OIG Remains Suspicious of Suspect Contractual Joint Ventures in Advisory Opinion Involving IONM Industry

Bass, Berry & Sims PLC on

On August 18, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 23-05, finding that an entity’s proposal to facilitate referring surgeons’ ownership of turnkey...more

Holland & Knight LLP

OIG Says Proposed Neurological Monitoring Arrangement Creates Kickback Risk

Holland & Knight LLP on

The U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an unfavorable Advisory Opinion on Aug. 15, 2023, involving an intraoperative neuromonitoring (IONM) services arrangement. The Advisory...more

Morgan Lewis

OIG Rejects the Formation and Operation of Surgeon-Owned IONM Businesses

Morgan Lewis on

The US Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently evaluated the risks associated with certain intraoperative neuromonitoring (IONM) services arrangements in its release of...more

Stevens & Lee

OIG Says Proposed Surgery Monitoring Arrangement May Violate Kickback Statute

Stevens & Lee on

On August 18, the Office of Inspector General in the Department of Health and Human Services (“OIG”) issued Advisory Opinion 23-05 in which it concluded that a proposed arrangement involving the formation of a company...more

Dinsmore & Shohl LLP

CMS Publishes Proposed Rules for OPPS, ASC and PFS for Calendar Year 2024

Dinsmore & Shohl LLP on

The Centers for Medicare & Medicaid Services (“CMS”) has announced its proposed rules for the Hospital Outpatient Prospective Payment (“OPPS”) and Ambulatory Surgical Center (“ASC”) Payment Systems, as well as its calendar...more

Bass, Berry & Sims PLC

Healthcare Trends & Transactions Q2 2023

Bass, Berry & Sims PLC on

The healthcare M&A market appears to be steadying. Although deal activity through the year appears slightly below the high-water marks for the corresponding period of 2022, deal activity is generally up from the first quarter...more

Holland & Knight LLP

CMS Releases CY 2024 OPPS and ASC Proposed Rule

Holland & Knight LLP on

The Centers for Medicare & Medicaid Services (CMS) has released the calendar year (CY) 2024 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System Proposed Rule (CMS-1786-P),...more

Arnall Golden Gregory LLP

Medicare Looks to Expand Substance Use Disorder Treatment and Mental Health Services

On July 13, 2023, the Centers for Medicare & Medicaid Services (“CMS”) announced proposed Medicare payment rates for hospital outpatient and Ambulatory Surgical Center (“ASC”) services. In the Calendar Year 2024 Hospital...more


Policy Update - CMS Releases CY 2024 Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System Proposed...

McDermott+Consulting on

On July 13, 2023, the Centers for Medicare & Medicaid Services (CMS) released the calendar year (CY) 2024 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Proposed Rule [CMS-1786-P],...more


Healthcare Preview for the Week of: July 10, 2023

McDermott+Consulting on

We hope that you, like Congress, enjoyed some time off last week and are ready to dive in—for a few days at least. As we previously reminded you, the House is only in session 12 days in July, then away for August recess, and...more

Health Care Compliance Association (HCCA)

[Webinar] How 2024 Will Impact HCC Coding and Risk Adjustment - July 18th, 12:00 pm - 1:30 pm CT

Learning Objectives - Review Proposed Changes for Medicare Advantage Plans in 2024 - Discuss the change from Version 24 to Version 28 and the impact on Risk Adjustment Calculation Methodology - Explain how...more


Opportunities and Challenges for Office-Based Labs and Ambulatory Surgery Centers: Six Main Takeaways from the Benesch Healthcare+...

Benesch on

Six Main Takeaways from the Benesch Healthcare+ Nephrology & Dialysis Conference. Experts included Dapo Afolabi, M.D., President and CEO of Fort Worth Renal Group, Terry Litchfield, President of Access Solutions, Jason...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - June 2023

I. Certificate of Need Program - A. AL2023-011, Metro Treatment of Alabama, L.P. d/b/a Birmingham Metro Treatment Center, Birmingham, AL: Proposes to relocate Birmingham Metro Treatment Center, an existing outpatient...more


Starting in April 2024, California Joins Growing Trend of Implementing Advance Review Processes for Healthcare Transactions

Goodwin on

With the passage of SB-184 (the “Bill”), California — like Maine, New York, and several other states — has addressed “pervasive” mergers and acquisitions across the healthcare industry by requiring prior notice to regulators...more

McDermott Will & Emery

Top Takeaways | 2023 PPM-ASC Symposium | ASC 2.0 Selected Trends: Bundled Payments, Tech & Anesthesia

McDermott Will & Emery on

In this session, panelists discussed recent technological, payment and regulatory trends in the ambulatory surgery center (ASC) space, with a focus on implementing and managing bundled payments. The group also explored...more

McDermott Will & Emery

Top Takeaways | 2023 Physician Practice Management & ASC Symposium 2023 | Fraud & Abuse Risk Mitigation and Enforcement Trends

McDermott Will & Emery on

In this session, McDermott Will & Emery Partners Denise Burke, Tony Maida and Monica Wallace discussed top issues and enforcement trends that physician practice management companies (PPMs) and ambulatory surgery centers...more

Nelson Mullins Riley & Scarborough LLP

South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect....more

King & Spalding

OIG Issues Guidance for Ambulatory Surgery Center Safe Harbor’s “One-Third” Income Test

King & Spalding on

In March, OIG published a new frequently asked questions (FAQ) page, General Questions Regarding Certain Fraud and Abuse Authorities. The FAQ page, located here, includes new guidance for ambulatory surgery center (ASC)...more

Bass, Berry & Sims PLC

While Remote Supervision Remains Available for Direct Supervision, Be Mindful of the Other “Incident to” Requirements

Bass, Berry & Sims PLC on

With the May 11, 2023 expiration of the federal public health emergency (PHE) for COVID-19, many operational flexibilities healthcare providers used during the PHE will now sunset. Some flexibilities end immediately while...more

Katten Muchin Rosenman LLP

The Waivers Era Is Over Now That the End of the Public Health Emergency Is Here

In a memorandum issued by the Centers for Medicare and Medicaid Services (CMS) on May 1, 2023, CMS provided guidance to State Survey Agency Directors related to surveys of Long Term Care (LTC) and Acute and Continuing Care...more

McDermott Will & Emery

Special Report - CMS Unwinds Waivers as the COvid-19 PHE Comes to an End

McDermott Will & Emery on

At the onset of the COVID-19 PHE, CMS was permitted to issue several temporary emergency statutory and regulatory waivers to help providers appropriately respond to the pandemic. On May 1, 2023, the Secretary released a memo...more

Bass, Berry & Sims PLC

OIG Offers Guidance for ASCs When Physician-Investors Fail the One-Third Income Test

Nearly 25 years ago, the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS) created a regulatory safe harbor to the federal Anti-Kickback Statute (AKS) for physician investment in...more

Shumaker, Loop & Kendrick, LLP

South Carolina Certificate of Need Program Repealed (Except for Nursing Homes)

After four years’ effort, the South Carolina House of Representatives unanimously passed S. 164 yesterday, eliminating Certificate of Need (CON) requirements for all health care facilities except nursing homes and the Medical...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - April 2023

I. Certificate of Need Program - A. Contested Case: AL2022-022, St. Vincent’s Birmingham, Pelham, AL: Proposes to develop a multi-specialty building to include a freestanding emergency department (FED), imaging center,...more

McGuireWoods LLP

North Carolina Certificate-of-Need Reforms

McGuireWoods LLP on

Legislation signed into law March 27, 2023, that authorized the Medicaid program expansion in North Carolina also included several significant certificate-of-need (CON) changes. These changes will be phased in over several...more

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JD Supra, LLC
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Privacy Officer
JD Supra, LLC
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