Articles and Blogs

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.  

Revised Version of Medicare Report May Require Disclosure Related to Tax-Exempt Bonds

[11/21/11]

Posted on November 21, 2011 in Health Law News

Published by: Hall Render

The July 2011 version of the CMS-855A, Medicare Enrollment Application (the “855A”) contains new disclosure requirements arising from risk screening criteria found in the Affordable Care Act (the “Act”). These reporting requirements apply not only to applications for new providers enrolling in the Medicare program, but to existing providers that will be required, under Section…Read More

NFPA Releases 2012 LSC

[11/21/11]

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

Written by: Bufford, David W.

The National Fire Protection Association (NFPA) has recently released the 2012 Edition of the Life Safety Code (LSC).  Currently, the Centers for Medicare & Medicaid Services (CMS) enforces the 2000 Edition of the LSC.  The updated LSC includes many changes for health facilities, and addresses cultural changes for nursing homes.  For instance, to move a…Read More

Hall Render Launches Comprehensive HIPAA Microsite

[11/17/11]

Posted on November 17, 2011 in Health Law News

Published by: Hall Render

The Department of Health and Human Services by the end of the year is expected to publish its final regulations implementing changes to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) arising from the Health Information Technology for Economic and Clinical Health Act (“HITECH”).  With these regulations pending and a trend toward increasing enforcement…Read More

CMS Proposes Rule to Ease the Burden on a Variety of Providers

[11/17/11]

Posted on November 17, 2011 in Health Law News

Published by: Hall Render

Executive Summary In a flurry of regulatory activity aimed at improving efficiencies in health care delivery, on October 24, 2011, the Centers for Medicare and Medicaid Services (“CMS”) issued, among other rules1, a proposed rule to eliminate anachronistic and burdensome regulations (“Proposed Rule”).   The Proposed Rule applies to a variety of health care providers.  The…Read More

CMS Revisits Smoking Safety in Long Term Care Facilities

[11/15/11]

Posted on November 15, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (“CMS”) just released a Survey & Certification Letter (S&C: 12-04-NH) to address a recent report of a nursing facility resident death due to a smoking accident.  A resident who was deemed appropriate to smoke unsupervised, but failing to wear a smoking apron, died as the result of injuries…Read More

CMS Increases DMEPOS Fee Schedule by 2.4 Percent for 2012

[11/14/11]

Posted on November 14, 2011 in Long-Term Care, Home Health & Hospice

Written by: Kendra Conover

The Centers for Medicare & Medicaid Services (CMS) issued transmittal updating the Medicare Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) fee schedule by 2.4 percent on January 1, 2012.  The DMEPOS fee schedules are updated on an annual basis in accordance with statute and regulations.  This annual update in payment rates is tied to the Consumer Price Index…Read More

Update to Scope of DMEPOS Claims Editing for Referring/Ordering Provider

[11/11/11]

Posted on November 11, 2011 in Long-Term Care, Home Health & Hospice

Written by: Kendra Conover

Change Request (CR) 6421 was recently revised to remove chiropractors from the list of providers who may order or refer for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS).  All other information in the CR remained the same.  As you will recall, in CR 6421, the Centers for Medicare & Medicaid Services (CMS) started the expansion of claim editing to meet…Read More