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Health Law News

Hospitals Win Battle Over Site-Neutral Pay Cuts

[09/18/19]

Posted on September 18, 2019 in Health Law News

Published by: Hall Render

CMS was dealt a blow from the D.C. District Court on September 17, 2019 when the court determined the agency’s “site neutral” payment policy in the CY 2019 Outpatient Prospective Payment System (“OPPS”) Final Rule exceeded its statutory authority to adjust payments under the OPPS. Refusing to accept the government’s argument that the plaintiffs... READ MORE

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Webinar Preview: Analyzing 2018 Anti-Kickback Compliance Settlements Involving Real Estate Arrangements

[09/18/19]

Posted on September 18, 2019 in Health Law News

Published by: Hall Render

The Office of the Inspector General (“OIG”) and Department of Justice (“DOJ”) often release information about compliance settlements under the Anti-Kickback Statute (“AKS”), including both the settlement value and the subject arrangement. The most recent data from 2018 shows several of these settlements arose from real estate arrangements and some involved millions of dollars... READ MORE

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From Health Care to Spiritual Care: A Case Study on the Role Churches Can Play in Health Care Adaptive Reuse Projects

[09/18/19]

Posted on September 18, 2019 in Health Law News

Published by: Hall Render

For almost a decade, the Binford Medical-Professional Office Complex, a medical office building and immediate care center located on the northeast side of Indianapolis, Indiana, has sat vacant, creating an eyesore and reminding local residents of the potential health care option that could have been. Once known for its unrealized opportunity, the facility now... READ MORE

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CMS’s Reach May Be Limited in Bankruptcy Proceedings

[09/17/19]

Posted on September 17, 2019 in Health Law News

Published by: Hall Render

The Bankruptcy Court for the District of Delaware analyzed whether CMS could suspend payments to a health care organization once the organization seeks bankruptcy court protection. The question centered on whether such payments are considered estate property within the scope of the automatic stay rule, 11 U.S.C. § 362. This case highlights the limits... READ MORE

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Can Individuals and Hospitals Sue Wrongdoers Under the Medicare Secondary Payer Act?

[09/17/19]

Posted on September 17, 2019 in Health Law News

Published by: Hall Render

In a recent Sixth Circuit decision,[1] the Court concluded that an individual Medicare beneficiary, who had successfully sued a tortfeasor for personal injuries he suffered, did not have the right to bring a cause of action under the Medicare Secondary Payer Act (“MSPA”).[2] In effect, the Court concluded that the MSPA did not provide rights... READ MORE

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BEWARE: Charging Improper Fees for Patient Access to Records Can Cost Providers Big

[09/13/19]

Posted on September 13, 2019 in Health Law News

Published by: Hall Render

Recently, there has been increased indication that patients, attorneys and the government are fed up with the fees that are being charged by providers when patients request access to or copies of their medical records. Providers who do not understand the type of request being made and the applicable fee rules that apply under... READ MORE

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Here’s Price Transparency![1]

[09/13/19]

Posted on September 13, 2019 in Health Law News

Published by: Hall Render

On June 24, 2019, the Trump administration changed the game for the health care industry through the release of an executive order on price transparency. Entitled “Improving Price and Quality Transparency in American Healthcare to Put Patients First,” the executive order is aimed primarily at giving patients access to price and quality information about... READ MORE

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Health Provider News – September 13, 2019

[09/13/19]

Posted on September 13, 2019 in Health Law News

Published by: Hall Render

NATIONAL Rural hospital closings cause mortality rates to rise, study finds Medicare spends more on post-hospital care than private insurers Public comment period to close Sept. 27 for federal price transparency rule HIPAA: At what cost? It’s showtime: Providers, supporting cast members hustle to handle changes under PDPM 4 issues on nurse leaders’ radar... READ MORE

CMS Finalizes New Anti-Fraud Tools Aimed at Affiliations

[09/10/19]

Posted on September 10, 2019 in Health Law News

Published by: Hall Render

The Centers for Medicare & Medicaid Services (“CMS”) could revoke or deny a provider’s or supplier’s Medicare enrollment if it determines that any of its affiliations pose an “undue risk” under a Final Rule announced on September 5, 2019 (“Enrollment Rule”). Also under the Enrollment Rule, providers and suppliers (“Providers”) selected by CMS will... READ MORE

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Health Provider News – September 6, 2019

[09/06/19]

Posted on September 6, 2019 in Health Law News

Published by: Hall Render

NATIONAL Physician pay increased in 2018 while productivity remained stagnant HHS Secretary Azar mulls Brett Giroir as next FDA commissioner 3 strategic differences between nonprofit and for-profit hospitals Physician viewpoint: 10 areas in which AI will transform primary care How providers can outperform their peers on MIPS regardless of what CMS changes Tougher inspections,... READ MORE