News & Analysis as of

Centers for Medicare & Medicaid Services (CMS) Dialysis

Benesch

Dialysis & Nephrology Digest - August 2024

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As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In...more

Benesch

Dialysis & Nephrology Digest - November 2023

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Fresenius hiring Ascension Capital exec to head care delivery - The appointment of Craig Cordola as CEO of the dialysis company’s care delivery segment takes effect Jan. 1. He was at Ascension Capital for the past six...more

McGuireWoods LLP

CMS Issues End-Stage Renal Disease Prospective Payment System Final Rule for 2024

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On Oct. 27, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a final rule that will increase payments to end-stage renal disease (ESRD) facilities in calendar year (CY) 2024. The ESRD prospective payment system...more

Benesch

Dialysis & Nephrology Digest - September 2023

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FTC, DoJ propose changes to HSR Act for more effective, efficient merger reviews - The FTC, along with the Assistant Attorney General of the Antitrust Division, proposed changes to the premerger notification form and...more

Benesch

Dialysis & Nephrology Digest - August 2023

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NY non-compete ban still receiving pushback as Governor waits to sign off - While NY Governor Kathy Hochul waits to sign off on one of the country’s toughest bans on non-compete agreements, many lobby groups from the...more

Benesch

Dialysis & Nephrology Digest - July 2023

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Benesch: NLRB decision overturns use of ‘entrepreneurial opportunity’ super factor for classifying employees - Benesch explains the labor board’s decision retains the 10-point test to determine who can be considered an...more

Benesch

Dialysis & Nephrology Digest - June 2023

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Benesch: MN ban on non-compete agreements includes carveout for business sale, dissolution - Benesch Law notes the bill only awaits the signature of MN’s Governor and could become law as early as July 1. It would prevent...more

Benesch

CMS Updates Guidance on Home Dialysis Services Provided in Nursing Homes

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On March 22, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued revised Guidance and Survey Process for Reviewing Home Dialysis Services in a Nursing Home (Rev QSO-18-24-ESRD) to State Survey Agency...more

Benesch

Dialysis & Nephrology Digest - May 2023

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MedPAC recommends no additional increase in payments for dialysis in 2024 - MedPAC’s report on outpatient dialysis services recommends Congress not increase Medicare payments for dialysis services next year beyond the...more

Benesch

Dialysis & Nephrology Digest - April 2023

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ME trial reminiscent of DaVita anti-poaching case that also ended in acquittal; DOJ strategy questioned - In Apr. 2022, juries in TX and CO acquitted healthcare companies charged by the DOJ’s Antitrust Division. In the CO...more

Benesch

Dialysis & Nephrology Digest - March 2023

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Correction to our January 31, 2023 newsletter article, “Dialysis Provider Satellite Healthcare Reports Data Breach Affecting Nearly 100k Patients”: Media Statement, Satellite Healthcare - In January 2023, Satellite...more

Benesch

Dialysis & Nephrology Digest - January 2023

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Federal omnibus spending bill rolls back some Medicare payment cuts scheduled for 2023, 2024 - Buried within the $1.7-trillion spending package signed by the President on Dec. 29 was partial relief for a planned 4.5% cut...more

McGuireWoods LLP

CMS Issues ESRD Prospective Payment System Final Rule for 2023

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Rule Addresses Rate Increases, Outlier, Add-On and ETC Model Payments, Oral-Only Drugs and QIP Reporting - On Oct. 31, 2022, the Centers for Medicare & Medicaid Services issued a final rule implementing an increase in...more

King & Spalding

CMS Announces Resources and Flexibility in Response to Hurricane Ian for Florida and South Carolina

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On September 27, 2022 and October 3, 2022, CMS announced additional resources and flexibilities available for Florida and South Carolina in response to the aftermath of Hurricane Ian. Following the President’s...more

Benesch

Dialysis & Nephrology Digest - October 2022

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Benesch outlines five states with data protection laws coming into effect in 2023 - Next year, statutes for data security and data privacy will go into effect in CA and VA on Jan. 1, while laws in CO and CT will be...more

Benesch

Dialysis & Nephrology Digest - September 2022

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Fresenius CEO resigning; to be replaced by head of company’s pharmaceutical business - Michael Sen, President and CEO of Fresenius Kabi, will replace Stephan Sturm as CEO of Fresenius SE on Oct. 1. Shares in the company...more

Benesch

Dialysis & Nephrology Digest - August 2022

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DOJ files civil complaint alleging Fresenius performed unnecessary procedures on dialysis patients - In June, it was revealed that DOJ would partially join a whistleblower lawsuit against the dialysis provider. In a civil...more

ArentFox Schiff

Supreme Court Holds Benefit Plan Limiting Dialysis Reimbursement Does Not Run Afoul of Medicare Secondary Payer Act

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On June 21, 2022, the Supreme Court concluded, in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641, 2022 WL 2203328 (U.S. June 21, 2022), that the terms of a benefit plan limiting...more

Benesch

Dialysis & Nephrology Digest - June 2022

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Medtronic, DaVita forming kidney tech company to develop dialysis delivery systems - The healthtech and the dialysis provider will be 50-50 partners in the venture, which will include the entirety of Medtronic’s renal...more

Benesch

Dialysis & Nephrology Digest - March 2022

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CMS calls for applications for second cohort of KCC Model; deadline set for Mar. 25 - The Center for Medicare and Medicaid Innovation says performance period participation agreements for the CMS Kidney Care First Option...more

Benesch

Dialysis & Nephrology Digest - February 2022

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Benesch: SCOTUS decisions on COVID-19 vaccine mandates have repercussions for employers, healthcare facilities The Supreme Court decided two cases relating to COVID-19 vaccination mandates. In the first case, SCOTUS ruled...more

Benesch

Dialysis & Nephrology Digest - October 2021

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Benesch: FTC to more stringently enforce PHR breaches by apps, connected medical devices - The FTC issued a policy statement to provide guidance to developers of health apps and connected medical devices and how they’re...more

Benesch

Dialysis & Nephrology Digest - September 2021

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Industry players agree on need for quality assurance but believe CMS’ QIP program for ESRD care delivery flawed - The ESRD Quality Incentive Program (QIP) implemented by CMS provides a payment penalty of up to 2% for...more

Benesch

CMS Proposes Steep Cuts to Office-Based Dialysis Vascular Access Reimbursement...Again!

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On July 13, 2021 the Centers for Medicare and Medicaid Services (CMS) released the Medicare Physician Fee Schedule (MPFS) proposed rule for calendar year (CY) 2022 that could result in potentially significant reductions to...more

Benesch

Dialysis & Nephrology Digest - March 2021 #3

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Study contends lifestyle, chronic ailments to drive 56% growth in value of global peritoneal dialysis market through 2027 - A report (available for purchase) from Canadian research firm Emergen Research suggests the...more

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