Articles and Blogs

Countdown to Phase 3 – Skilled Nursing Facilities Need to Create a Compliance and Ethics Program

[11/29/18]

Posted on November 29, 2018 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”). Beginning on November 28, 2019, surveyors will use the requirements detailed in Section…Read More

Disclosing PHI to a Reporter Leads to $125,000 HIPAA Settlement

[11/29/18]

Posted on November 29, 2018 in Health Information Technology

Published by: Hall Render

The Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”), announced that a small professional association with three doctors and four locations (the “Practice”) has agreed to pay $125,000 and adopt a corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The potential…Read More

CMS Proposes to Require Manufacturers to Disclose Drug Prices in TV Ads

[11/21/18]

Posted on November 21, 2018 in Health Law News

Published by: Hall Render

The Centers for Medicare & Medicaid Services (“CMS”) recently issued a proposed rule (“Proposed Rule”) that would require pharmaceutical manufacturers to disclose the list price for a typical course of treatment of prescription drugs and biologics covered by Medicare or Medicaid in direct-to-consumer television advertisements. This policy development comes just two months after the United…Read More

Health Provider News – November 16, 2018

[11/16/18]

Posted on November 16, 2018 in Health Law News

Published by: Hall Render

NATIONAL Amazon adds to its list of HIPAA-eligible machine learning tools Leapfrog releases Fall 2018 safety grades showing medical errors, safety issues prevail in red and blue states Hospital CEOs Agree That Systemness Focus Drives Results Doctors as disruptors? AMA CEO says medicine’s future demands it 93% of MIPS-eligible clinicians to get positive payment adjustment…Read More

Hall Render’s This Week in Washington – November 16, 2018

[11/16/18]

Posted on November 16, 2018 in Federal Advocacy

Published by: Hall Render

Democrats Set to Control Key Health Committees in Next Session of Congress The Democratic takeover of the House of Representatives following the recent midterm elections will significantly change the political landscape for health care issues when lawmakers return for the 116th Session of Congress next year. Overall, the election results will mean divided government and…Read More

Episode-Based Bundled Payment Models Poised to Make a Comeback

[11/16/18]

Posted on November 16, 2018 in Health Law News

Published by: Hall Render

Health and Human Services (“HHS”) Secretary Alex Azar announced on Thursday, November 8, 2018 that HHS intends to reconsider some of the episode-based payment models that it withdrew almost one year ago. According to Secretary Azar, HHS is exploring new and improved episode-based payment models, including a mandatory bundled payment model for radiation oncology.[1] Secretary…Read More

Of Faux Pas, Fibs and Legal Fees: A Cautionary FMLA Tale

[11/14/18]

Posted on November 14, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent decision from a U.S. District Court in Wisconsin held that the Family and Medical Leave Act (“FMLA”) claim brought by the former employee of an assisted living center could not be dismissed. The outcome and the facts are instructive for other health care employers. The former employee of the assisted living facility, who…Read More

What Can I Put Away for Retirement Next Year? IRS and Social Security Administration Release 2019 Limits

[11/13/18]

Posted on November 13, 2018 in HR Insights for Health Care

Published by: Hall Render

Have you ever asked or been asked, “What can I put away for my retirement next year?” The answer could be different for almost every year. Most of the limitations in the Internal Revenue Code are indexed with inflation. They increase in many years but not all. The IRS and Social Security Administration have released…Read More

Selling Your Nonprofit Nursing Home? New York’s Attorney General Details Concerns About Sales of Nonprofit Nursing Homes

[11/13/18]

Posted on November 13, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

Several states require that any sale of charitable assets must be reviewed by the attorney general to assess whether the sale is for fair consideration and in the best interests of charitable beneficiaries. The New York Attorney General’s Charities Bureau (“Charities Bureau”) is responsible for supervising charitable organizations to protect donors and beneficiaries of those…Read More

CMS Finalizes Several Changes for Off-Campus Provider-Based Clinics

[11/12/18]

Posted on November 12, 2018 in Health Law News

Published by: Hall Render

On November 1, 2018, the Centers for Medicare & Medicaid Services (“CMS”) released its final rule for the Calendar Year (“CY”) 2019 Medicare Physician Fee Schedule (“MPFS Final Rule”). Among many other changes, CMS finalized maintaining payments for certain non-excepted (non-grandfathered) off-campus provider-based hospital departments (“PBDs”) at 40 percent of the Outpatient Prospective Payment System…Read More