News & Analysis as of

Health Care Providers Supervision

Bass, Berry & Sims PLC

CMS Proposes to Extend Virtual Direct Supervision

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On July 10, the Centers for Medicare & Medicaid Services (CMS) proposed to extend virtual direct supervision—i.e., the ability to provide direct supervision through real-time, audio-visual technology (rather than in-person...more

Hendershot Cowart P.C.

Do Cosmetic Injections Involve The Practice Of Medicine?

Cosmetic injections, such as Botox and dermal fillers, and weight-loss injections, such as Wegovy® and Ozempic®, are popular offerings at med spas, weight-loss clinics, and dermatology practices. But are they considered the...more

Roetzel & Andress

Understanding Scope of Practice

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In this episode of the #HealthLawHotSpot, host Ericka Adler and fellow Roetzel attorney Christina Kuta discuss limitations on non-physician practitioners in terms of the services they can provide and the role of physicians in...more

McDermott Will & Emery

Reforms to the Florida Patient Self-Referral Act: A Closer Look at the Impact of SB 768

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Florida Senate Bill 768 (SB 768) amends the Florida Patient Self-Referral Act of 1992 (PSRA), which regulates financial arrangements between referring healthcare providers and providers of healthcare services. This amendment,...more

Bradley Arant Boult Cummings LLP

CMS Proposes to Continue Allowing Remote Supervision Through December 31, 2024

In its Calendar Year (CY) 2024 Physician Fee Schedule (PFS) proposed rule, the Centers for Medicare and Medicaid Services (CMS) proposes to continue to allow supervising physicians and practitioners to conduct “direct...more

Holland & Knight LLP

Florida Legislature Shrinks Supervision Requirements Under Florida Mini-Stark Law

Holland & Knight LLP on

New Florida legislation, Senate Bill 768 (2023), amending the Patient Self-Referral Act of 1992 (the Act), also known as the Florida "mini-Stark law," has been signed by Gov. Ron DeSantis and is set to take effect on July 1,...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

Weintraub Tobin

Use of Non-Physician Healthcare Practitioners Expanding in California

Weintraub Tobin on

I have been in healthcare legal practice since the mid-1990s. During a summer in law school, I worked for the California Legislative Counsel Bureau, which is the agency that serves as legal counsel to the California...more

Bradley Arant Boult Cummings LLP

CMS Finalizes General Supervision Requirement for Medicare Non-Surgical Extended Duration Therapeutic Services

Non-surgical extended duration therapeutic services (NSEDTS) are services which have a significant monitoring component that can: extend for a lengthy period of time, are not surgical, and typically have a low risk of...more

Health Care Compliance Association (HCCA)

Final Physician Rule Changes Supervision, Adds Telehealth Codes, Some Permanently

Report on Medicare Compliance 29, no. 43 (December 7, 2020) - In the 2021 final Medicare Physician Fee Schedule (MPFS) rule, CMS made both permanent and temporary changes to supervision, telehealth and other provisions,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Florida Legislature has Approved Expanding the Scope of Practice of APRNs and Pharmacists

On March 11, 2020, the Florida Legislature passed two bills that would expand the ability of advance practice registered nurses (“APRNs”) and pharmacists to diagnose and treat certain medical conditions. These bills, which...more

ArentFox Schiff

Happy New Year, PAs and Supervising Physicians! Amendments to the California Physician Assistant Practice Act Simplify Supervision...

ArentFox Schiff on

Prior to these changes, physicians and PAs had to enter into “delegation of services agreements,” specifically delegating the medical services a PA could perform. If multiple physicians were supervising the PA – such as in a...more

Robinson+Cole Health Law Diagnosis

Rhode Island Removes Supervision Requirements for PAs in Favor of Expanded “Collaboration” Standard for PA Practice

On July 15, 2019, Rhode Island Governor Gina Raimondo signed into law “An Act Relating To Businesses and Professions – Physician Assistants” (H5572/S0443), which significantly revises the supervision requirements and expands...more

Nossaman LLP

Is There A Nurse Practitioner In the House? Doctor Supervision Not Required Under Certain Conditions With New Proposed Legislation

Nossaman LLP on

It is well-documented that California is facing a shortage of primary care providers. The Californians most affected by these shortfalls are largely low-income, Latino, African American...more

Robinson+Cole Health Law Diagnosis

2019 Physician Fee Schedule Rule Review: Supervision Requirements for Radiologist Assistants Reduced

In its 2019 Medicare Physician Fee Schedule Final Rule (PFS Rule), CMS finalized a regulatory change that updates supervision requirements for Registered Radiologist Assistants and Radiology Practitioner Assistants...more

Seyfarth Shaw LLP

Sixth Circuit Court Agrees with Home Healthcare Employer’s Termination of Nurse

Seyfarth Shaw LLP on

Seyfarth Synopsis: In this case a home-care nurse complained about the quality of care her patient received from the patient’s family members. Subsequent review and inspections by the company found some “serious problems”...more

Mintz - Health Care Viewpoints

Tennessee Department of Health Grants COPA Request for Health Care Alliance

On September 19, 2017, the Tennessee Department of Health (“TDOH”) granted the request for a Certificate of Public Advantage (“COPA”) from Wellmont Health System and Mountain States Health Alliance. This approval paves the...more

Mintz - Health Care Viewpoints

FTC Again Urges Consideration of Competitive Impact on State Regulation of APRNs

The Federal Trade Commission (FTC) submitted written comments last week on the likely competitive impact of a legislative proposal in West Virginia to modify the supervision requirements imposed on Advanced Practice...more

McDermott Will & Emery

CMS Addresses Current Position on Supervision and Practitioner Qualifications Under ‘Incident-To’ Billing Rules

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Among the proposed changes to Medicare regulatory requirements related to billing and coverage of physician services set forth in the 2016 Medicare Physician Fee Schedule Proposed Rule (the Proposed Rule), the Centers for...more

Burr & Forman

The Many Levels of Supervision

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Non-physician practitioners or physician extenders, as they are often called, are now common place in physicians' offices and have been for some time. They are an integral part of the private practice of medicine for the...more

BakerHostetler

Doc Wishes He Showed Up at the Office — But . . .

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Imagimed LLC, an MRI Center, its owners and chief radiologist, agreed to pay the government $3.57 million to settle false claims allegations for MRI services. The government alleged that Imagimed billed for MRI scans...more

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