Articles and Blogs

CMS Announces “BPCI Advanced”

[01/10/18]

Posted on January 10, 2018 in Health Law News

Published by: Hall Render

The Centers for Medicare & Medicaid Services (“CMS”) announced its long-awaited “BPCI Advanced” model on January 9. The model – which is voluntary – will initially include 29 inpatient clinical episodes and 3 outpatient clinical episodes (a list of the 32 clinical episodes can be found here). BPCI Advanced Participants must elect to be accountable…Read More

Hall Render’s This Week in Washington – January 5, 2018

[01/05/18]

Posted on January 5, 2018 in Federal Advocacy

Published by: Hall Render

Congress Returns to Crowded 2018 Legislative Calendar The Senate returned to Washington this week to begin the second session of the 115th Congress. The House returns Monday of next week, which gives Congress eight legislative days to fund the federal government for Fiscal Year 2018. Prior to departing for 2017, Congress passed a temporary spending…Read More

Medicare 340B Payment Cuts Go Live as of January 1. What’s Next?

[01/05/18]

Posted on January 5, 2018 in Health Law News

Published by: Hall Render

As we noted in a previous article, significant Medicare payment cuts for certain 340B-participating hospitals[1] (“Covered Entities”) went into effect as of January 1, 2018 after a federal district court judge declined to take action to prevent implementation of certain 2018 Outpatient Prospective Payment System (“OPPS”) final rule (“Final Rule”) provisions. These changes represent a…Read More

Health Provider News – January 5, 2018

[01/05/18]

Posted on January 5, 2018 in Health Law News

Published by: Hall Render

NATIONAL FDA chief: I’m surprised it took big tech this long to get into health care Will 2018 be the year of Catholic health care dominance? U.S. medical device tax back in effect after two-year pause 13 healthcare M&A deals that made headlines in 2017 CMS reaffirms its ban on texting physician orders, clarifies patient…Read More

Professional Services Agreement or Lease: Not Knowing the Difference Could Cost You

[01/02/18]

Posted on January 2, 2018 in Health Law News

Published by: Hall Render

Over the past few years, rural health care providers have struggled to recruit full-time physicians to their communities. This has caused a number of providers to consider part-time arrangements with physicians. The rural provider considering a part-time arrangement has at least two options: 1) the provider could allow the physician to lease space within its…Read More

Federal Judge Denies Hospitals’ Motion to Enjoin Imminent 340B Program Payment Cuts

[12/30/17]

Posted on December 30, 2017 in Health Law News

Published by: Hall Render

On December 29, 2017, a judge for the United States District Court for the District of Columbia DENIED a motion to enjoin significant Medicare payment cuts for certain hospitals that participate in the 340B Drug Pricing Program (“340B Program”) that are scheduled to take effect on January 1, 2018. As a result, the Medicare payment…Read More

CMS Clarifies that Texting PHI Through Secure Platforms Is Permissible – But Not Orders!

[12/29/17]

Posted on December 29, 2017 in Health Information Technology

Published by: Hall Render

In a December 28, 2017, a memo (“Memo”) to state survey agency directors, CMS made clear that texting patient information is allowed as long as a secure texting platform is used, recognizing the importance of texting as an “essential and valuable means of communication among the team members” caring for patients. Providers must comply with HIPAA…Read More

Health Provider News – December 29, 2017

[12/29/17]

Posted on December 29, 2017 in Health Law News

Published by: Hall Render

NATIONAL Kmart to pay $32.3M to settle health care-related whistleblower case Indian Health Service Seeking Input on Modernizing its Health IT Systems Reintroduced bill could give data brokers more options under HIPAA Medicare Penalizes Group Of 751 Hospitals For Patient Injuries New laws increase access to healthcare delivery for advanced practice registered nurses 92 payer-provider…Read More

Tax Reform Act Will Present Challenges and Opportunities for Hospitals and Other Tax-Exempt Health Care Organizations

[12/28/17]

Posted on December 28, 2017 in Health Law News

Published by: Hall Render

The new Tax Reform Act (the “Act”) contains numerous changes to the Internal Revenue Code that will affect tax-exempt hospitals and other health care organizations. Leaders of these organizations should begin 2018 by giving careful attention to the new restrictions and planning opportunities to avoid adverse consequences later. Repeal of Individual Mandate Beginning in January…Read More

CMS Prohibition on Texting? Evaluating Next Steps for Your Organization

[12/28/17]

Posted on December 28, 2017 in Health Information Technology

Published by: Hall Render

For an update to this article, please click here. As stated in our previous blog, while there has been no official guidance from CMS regarding a broad prohibition on the texting of protected health information (“PHI”), there has been significant discussion in industry circles about CMS’s recently stated position against texting PHI. As reported in the…Read More