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Health Law

21st Century Cures Act Lessens EHR Burdens on Physicians Performing Cases in ASCs

[02/21/17]

Posted on February 21, 2017 in Health Law News

Published by: Hall Render

The Cures Act addresses certain electronic health record (“EHR”) difficulties faced by physicians who practice primarily in ambulatory surgery centers (“ASCs”). Section 16003 explicitly excludes physicians who furnish substantially all of their Medicare services at ASCs from the penalties imposed under various programs for failure to adopt a certified EHR. Under the current Medicare... READ MORE

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CMS Final Rule Implements Section 603 Limitations on Payment for Off-Campus Provider-Based Departments

[11/03/16]

Posted on November 3, 2016 in Health Law News

Published by: Hall Render

On November 1, 2016, the Centers for Medicare & Medicaid Services (“CMS”) issued its long-awaited final rule for the CY 2017 Hospital Outpatient Prospective Payment System (“Final Rule”). Among many other changes, CMS finalized its implementation of Section 603 of the Bipartisan Budget Act of 2015 (“Section 603”), which excludes many off-campus services from... READ MORE

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Skilled Nursing Facility Chain Settles False Claims Act Case for $145 Million

[11/03/16]

Posted on November 3, 2016 in False Claims Act Defense, Health Law News

Published by: Hall Render

On October 24, the Department of Justice (“DOJ”) announced a $145 million False Claims Act settlement with a national skilled nursing facility provider that operates more than 200 skilled nursing facilities (the “Company”) and its individual owner. The settlement has been touted as the largest in the DOJ’s history with a skilled nursing facility (“SNF”) chain. According to... READ MORE

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FTC and DOJ Release Joint Antitrust Guidance for HR Professionals, Warn of Criminal Enforcement for “No-Poaching” and Wage-Fixing Agreements

[10/28/16]

Posted on October 28, 2016 in Health Law News

Published by: Hall Render

On October 20, 2016, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) released joint guidance for human resources (“HR”) professionals and others involved in hiring and compensation decisions. The joint guidance outlines how the federal antitrust laws apply to the employment arena and also warns employers that... READ MORE

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CMS Finalizes New Regulations for Facilities: Part 4

[10/14/16]

Posted on October 14, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

Review of Changes to Sections on Infection Control, Compliance and Ethics Program, Physical Environment and Training Requirements This is the fourth article in a series discussing the complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements for States and Long-Term Care Facilities by the Centers for Medicare... READ MORE

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OIG Approves Collaboration to Subsidize Patient Transportation

[10/13/16]

Posted on October 13, 2016 in Health Law News

Published by: Hall Render

The Department of Health and Human Services Office of Inspector General (“OIG”) recently issued Advisory Opinion 16-10, which approved an arrangement between two health care districts to coordinate the education and transportation of patients with financial need (“Proposed Arrangement”). OIG stated that it would not impose sanctions against the parties for violations of the... READ MORE

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CMS Finalizes New Regulations for Facilities: Part 3

[10/13/16]

Posted on October 13, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

Review of Changes to Sections on Laboratory, Radiology and Other Diagnostic Services; Dental Services; Food and Nutrition Services; Specialized Rehabilitative Services; Administration; and Quality Assurance and Performance Improvement This is the third article in a series discussing the complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements... READ MORE

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U.S. Hospital Chain Settles Kickback Claims for $513 Million

[10/12/16]

Posted on October 12, 2016 in Health Law News

Published by: Hall Render

On October 3, 2016, the Department of Justice announced that it had reached a settlement agreement with a health care services company based in Dallas, Texas (the “Company”) and two of its Atlanta-area subsidiaries (“Hospitals”) (collectively, the “Parties”) to settle a case originally brought by a whistleblower under the False Claims Act. As part of the... READ MORE

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CMS Finalizes New Regulations for Facilities: Part 2

[10/10/16]

Posted on October 10, 2016 in Health Law News, Long-Term Care, Home Health & Hospice

Published by: Hall Render

Review of Changes to Sections on Quality of Life, Quality of Care, Physician Services, Nursing Services, Behavioral Health Services and Pharmacy Services This is the second article in a series discussing the complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements for States and Long-Term Care Facilities... READ MORE

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CMS’s Outlier Reconciliation Process Violates the APA; Affected Providers May Have Reimbursement Recovery Opportunity

[10/10/16]

Posted on October 10, 2016 in Health Law News

Published by: Hall Render

The U.S. District Court for the District of Columbia recently found in favor of a hospital that challenged CMS’s outlier reconciliation process. The District Court in Clarian Health West v. Burwell1 stated the outlier reconciliation process violated the Administrative Procedure Act (“APA”) because CMS should have allowed for notice and comment prior to starting... READ MORE

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