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CMS Proposes New Rules Aimed at Reshaping Medicare Payment Policies

Posted by: Andrew W. Breck and Meghan M. Linvill McNab on August 27, 2019

On July 29th, CMS jointly released its Proposed Rules for the 2020 Medicare Physician Fee Schedule and 2020 Hospital Outpatient Prospective Payment System that would update Medicare payment policies aimed at increasing price transparency, improving quality, and reducing burdens on providers. ...


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CMS Issues Final Rule Easing Restrictions On Arbitration Agreements In Long Term Care Setting

Posted by: Marc T. Quigley and Alexandria M. Foster on August 27, 2019

The Centers for Medicare & Medicaid Services (CMS) published a Final Rule on July 18, 2019 that repealed a prior rule prohibiting Long-Term Care (LTC) facilities from using pre-dispute, binding arbitration agreements. LTC facilities that choose to utilize arbitration agreements must adhere to...


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Compliance Update: RCRA 'Subpart P' and the New Hazardous Waste Pharmaceutical Rules

Posted by: Matthew D. Neumann on August 9, 2019

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Health care facilities will need to comply with new regulations governing the management and disposal of Hazardous Waste Pharmaceuticals (“HWPs”). The Environmental Protection Agency (“EPA”) has promulgated new rules to be codified at 40 C.F.R. Part 266, Subpart P of the implementing regulations...


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CMS Issues Long Awaited Clarification on Application of EMTALA to Psychiatric Hospitals

Posted by: Meghan M. Linvill McNab and Amanda K. Schipp on August 6, 2019

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On July 2, 2019, the Centers for Medicare and Medicaid Services (“CMS”) issued a letter to State Survey Agency Directors with Frequently Asked Questions on the application of the Emergency Medical Treatment and Labor Act (“EMTALA”) to Psychiatric Hospitals (the “FAQ”).  This is the second time...


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Department of Justice Publishes New Guidance for Evaluating Corporate Compliance Programs

Posted by: Susan E. Ziel and Brandon W. Shirley on August 6, 2019

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On April 30, 2019, the United States Department of Justice (“DOJ”) published new recent guidance for corporate compliance programs, entitled “Evaluation of Corporate Compliance Programs.” Such publications are particularly helpful as they provide guidance for white-collar prosecutors on the...


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Say What You Mean and Mean What You Say - Especially to the Feds

Posted by: Robert A. Anderson and Marc T. Quigley on July 23, 2019

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The recent settlement between Coffey Health System in Kansas and the U.S. government is a cautionary tale to other healthcare providers: false attestations related to government incentive programs could lead to False Claims Act liability.

Coffey Health System operates a 25-bed critical access...


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Indiana Medicaid Modifies Coverage of Certain Mental Health Services

Posted by: Meghan M. Linvill McNab and Amanda K. Schipp on July 23, 2019

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On May 30, 2019, the Indiana Health Coverage Programs (“IHCP”) released a bulletin (BT201929) stating that it is modifying coverage of crisis intervention, intensive outpatient treatment (“IOT”) and peer recovery services for Indiana Medicaid, effective July 1, 2019.  The two notable changes are...


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