Articles and Blogs

CMS Announces Timeline for Round 2 of Competitive Bidding

[12/01/11]

Posted on December 1, 2011 in Long-Term Care, Home Health & Hospice

Written by: Kendra Conover

The Centers for Medicare & Medicaid Services (“CMS”) announced yesterday the timeline for Round 2 competitive bidding for Durable Medical Equipment, Prosthetics, Orthotics and Suppliers (“DMEPOS”), with registration set to begin on December 5, 2011. According to the release from CMS, the 60-day bid window for Round 2 and the National Mail-Order Competition for Diabetic Supplies…Read More

HHS Delays Stage 2 for Meaningful Use

[11/30/11]

Posted on November 30, 2011 in Health Information Technology

Written by: Jeffrey W. Short

Secretary of Health and Human Services, Kathleen Sebelius, announced on November 30, 2011 that Eligible Providers and Eligible Hospitals (“Recipients”) meeting the Stage 1 meaningful use criteria for the Medicare/Medicaid Electronic Health Records Incentive (“EHR Incentives”) established under the HITECH Act will not be required to meet the Stage 2 criteria until 2014.   The meaningful use final…Read More

IRS Releases Private Letter Ruling Addressing Management Contract with Incentive Payments Related to Net Operating Results

[11/30/11]

Posted on November 30, 2011 in Health Law News

Published by: Hall Render

On November 10, 2011, the IRS published private letter ruling 2011-45005.  This private letter ruling came to two significant conclusions: The IRS found that an incentive payment of a fixed dollar amount, payable upon achieving, among other things, a net operating surplus/deficit level, did not give rise to private business use.  (To our knowledge, this…Read More

CMS Holds Open Door Forum for Part A to Part B Rebilling Demonstration Project

[11/30/11]

Posted on November 30, 2011 in Health Law News

Published by: Hall Render

Today, November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) held a Special Open Door Forum to announce the Part A to Part B Rebilling Demonstration Project (“Rebilling Demonstration”).  As described in greater detail below, in exchange for waiving certain appeal rights, Medicare hospitals that participate in the Rebilling Demonstration will be allowed…Read More

Don’t Get Left Out in the Cold: See if Round 2 Competitive Bidding Affects You

[11/29/11]

Posted on November 29, 2011 in Health Law News

Published by: Hall Render

Many Durable Medical Equipment, Prosthetics, Orthotics and Supplies (“DMEPOS”) suppliers are ramping up for Round 2 Competitive Bidding but not all are aware of the implications of this program or if they need to participate in this program.  This alert is intended to answer some frequently asked questions about Round 2 Competitive Bidding. How did…Read More

IRS Explains Tax Treatment of Employer-Provided Cell Phones

[11/29/11]

Posted on November 29, 2011 in Health Law News

Published by: Hall Render

On September 14, 2011, the Internal Revenue Service (“IRS”) released new, taxpayer friendly guidance concerning the tax treatment of employer-provided cell phones.  This guidance allows employers to provide cell phones to their employees, either directly or through reimbursement of employees’ cell phone expenses, on a tax-free basis without burdensome recordkeeping requirements so long as certain…Read More

Independent Contractor or Employee? IRS Offers New Classification Settlement Program While Federal and State Agencies Sign Information Sharing Agreements

[11/28/11]

Posted on November 28, 2011 in Health Law News

Published by: Hall Render

September was a noteworthy month for developments pertaining to worker classification issues.  Most notably, the IRS announced a new program that provides partial relief from federal employment taxes for eligible employers that agree to prospectively treat one or more classes of workers as employees.  This new program, known as the Voluntary Classification Settlement Program, or…Read More

CMS Issues Final Rule Revising ASC Patient Rights Conditions for Coverage

[11/23/11]

Posted on November 23, 2011 in Health Law News

Published by: Hall Render

Executive Summary On October 24, 2011, the Centers for Medicare and Medicaid Services (“CMS”) released a final rule (“Final Rule”) revising the Patient Rights Conditions for Coverage (“CfCs”) for ambulatory surgical centers (“ASCs”).  Effective on December 23, 2011, ASCs will be permitted to provide the patient, the patient’s representative or the patient’s surrogate, patient rights…Read More

CMS to Host Open Door Forum, Discuss Top SNF Regulatory Issues

[11/23/11]

Posted on November 23, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In the next Centers for Medicare & Medicaid Services (CMS) Open Door Forum conference call, CMS will discuss the top regulatory issues skilled nursing providers face.  The monthly CMS Open Door Forum provides an opportunity for providers to listen to CMS discuss current topics, as well as participate in a Q&A session.  The next Open Door Forum is scheduled for…Read More

LTC Providers Must be Aware of EJA Reporting Requirements

[11/21/11]

Posted on November 21, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Elder Justice Act (EJA) was enacted as part of the Patient Protection and Affordable Care Act (PPACA) in March, 2010, and creates a duty for long-term care providers to swiftly report any reasonable suspicion of a crime committed against any individual who is a recipient of care from the facility, or face significant penalties.