Articles and Blogs

Year: 2019

Countdown to Phase 3 Skilled Nursing Compliance Programs – Component #2 – Assign Oversight Responsibility of Compliance Program

[05/22/19]

Posted on May 22, 2019 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

This is another 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 (“Final Regulations”) by the Centers for Medicare & Medicaid Services (“CMS”). To view other articles in this series, click here. Beginning on November... READ MORE

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CMS Releases FFY 2021 Preliminary Public Use File and Wage Index Development Timetable

[05/22/19]

Posted on May 22, 2019 in Health Law News

Published by: Hall Render

On May 17, 2019, CMS released the preliminary FY 2021 Worksheet S-3, Parts II and III wage index Public Use File (“PUF”). The PUF contains wage data based on FFY 2017 hospital cost reports – that is, cost reports with fiscal year begin dates of on or after October 1, 2016 and on or before September 30, 2017. The... READ MORE

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NLRB Advice Memo Recommends Restoring a Broader Definition of Picketing Under the NLRA

[05/21/19]

Posted on May 21, 2019 in HR Insights for Health Care

Published by: Hall Render

On May 14, the National Labor Relation’s Board (“Board”) Advice Division released an advice memorandum recommending that the Board reconsider three picketing cases decided during President Obama’s administration. The memo provides insight regarding how the General Counsel’s Office, and the Board, may interpret picketing activity in the near future. This advice could affect health... READ MORE

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Supreme Court Extends the FCA Statute of Limitations for Whistleblowers

[05/20/19]

Posted on May 20, 2019 in False Claims Act Defense

Published by: Hall Render

This week, the United States Supreme Court ruled that the government’s 10-year deadline to file FCA actions could be extended to whistleblowers. The Court’s decision in Cochise Consultancy, Inc. et al. v. United States ex rel. Hunt[1] resolved a circuit split that had dogged the courts, whistleblowers and defendants for decades. Health care providers... READ MORE

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HHS Final Conscience Rule and Protected Employees

[05/20/19]

Posted on May 20, 2019 in HR Insights for Health Care

Published by: Hall Render

On May 2, 2019, the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) announced the issuance of the final conscience rule, which prohibits discrimination of individuals on the basis of their exercise of conscience in HHS-funded programs. The rule has not yet been published in the Federal Register, but... READ MORE

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GAO Lab Report – Sound Analysis? Criticism from Senator Grassley and Others and CMS’s Response

[05/20/19]

Posted on May 20, 2019 in Health Law News

Published by: Hall Render

In November 2018, the Government Accountability Office (“GAO”) released a report (“Report”) on new laboratory payment rates established by CMS under the Protecting Access to Medicare Act (“PAMA”). In the Report, the GAO analyzed Medicare claims data to assess how CMS’s implementation of these new rates will impact Medicare expenditures and recommended CMS take... READ MORE

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Hall Render’s This Week in Washington – May 17, 2019

[05/17/19]

Posted on May 17, 2019 in Health Law News

Published by: Hall Render

Lawmakers Seriously Pursuing “Surprise Medical Bill” Fix Continuing the bipartisan interest in addressing the issue of surprise medical billing, also known as balance billing, a group of bipartisan senators led by Sens. Bill Cassidy (R-LA) and Maggie Hassan (D-NH) introduced legislation on Thursday. The legislation states that providers would be prohibited from balance billing... READ MORE

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DOJ Self-Disclosure and Cooperation Credit

[05/17/19]

Posted on May 17, 2019 in False Claims Act Defense

Published by: Hall Render

The DOJ’s recent revisions to its Justice Manual created a new path for self-disclosing potential fraud to the government – one which is unique in its ability to defray the costs of potential False Claims Act violations. In 2015, Deputy Attorney General Sally Quillian Yates released a memo entitled Individual Accountability for Corporate Wrongdoing, more... READ MORE

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Health Provider News – May 17, 2019

[05/17/19]

Posted on May 17, 2019 in Health Law News

Published by: Hall Render

 NATIONAL States inch forward on nurse staffing laws Bill backed by generic drug companies gets PhRMA endorsement at Senate hearing As MACRA Implementation Turns 2, Industry Leaders Call for Change Best & worst states for physicians to practice, ranked by Medscape Some hospitals turn away ambulances when the patients are more likely to be... READ MORE

The Supreme Court Announces a Presumption Against Class Arbitration

[05/15/19]

Posted on May 15, 2019 in HR Insights for Health Care

Published by: Hall Render

The Supreme Court of the United States announced a landmark ruling about arbitration clauses on April 24, 2019. In Lamps Plus, Inc. v. Varela, the high court held that an arbitration clause does not permit class arbitration without clearly and explicitly stating so. Chief Justice Roberts delivered the opinion of the Court, reasoning that... READ MORE

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