Articles and Blogs


Stakeholders Asked and CMS Listened – Agency Proposes to Modify Stark Law Advisory Opinion Process


Posted on August 13, 2019 in Health Law News

Published by: Hall Render

In the recently issued Physician Fee Schedule Proposed Rule for Calendar Year 2020, the Centers for Medicare & Medicaid Services (“CMS”) proposed several revisions to its Stark Law advisory opinion process. These proposed revisions follow CMS’s receipt of several stakeholder comments in response to its Request for Information Regarding the Physician Self-Referral Law published... READ MORE

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Here Be Dragons – Regulatory Law and the Advice-of-Counsel Defense


Posted on July 20, 2012 in False Claims Act Defense, Litigation Analysis

Written by: David B. Honig

Federal regulations are an enormous morass of complex, confusing, and often contradictory rules. The 2009 Code of Federal Regulations was 163,333 pages in 226 individual books.  The 2010 Federal Register, which contains new regulations proposed rules, and presidential papers, contained an additional 81,305 pages.  Intended as a roadmap, providing guideposts and requirements for dealing... READ MORE

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CMS Interpretive Guideline Changes on Use of Feeding Tubes


Posted on September 8, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

Yesterday, CMS sent a new transmittal to the state survey agencies on the use of feeding tubes in nursing homes. In short, F321 has been combined into F322 and according the CMS the changes were made to provide nursing home surveyors with guidance to determine compliance with use of feeding tubes by nursing homes. ... READ MORE

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CMS Guidance on Use of Video Cameras in ICFs/MR


Posted on August 16, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

On July 29, 2011, CMS issued the following guidance for the use of video cameras in ICFs/MR: To ensure that clients’ rights are protected, the use of video cameras in the ICF/MR must be reviewed, approved and monitored by the Specially Constituted Committee (SCC) of the facility as constituted per 42 CFR 483.440(f)(3)(i-iii).  If... READ MORE

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