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Office of Inspector General (OIG) Revises its Policy Regarding Gifts of Nominal Value To Medicare and Medicaid Beneficiaries

Posted by: Brandon W. Shirley on December 12, 2016

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Federal law penalizes a person who offers or gives a Medicare or Medicaid beneficiary any remuneration that it knows or should know is likely to influence the beneficiary’s selection of a specific provider, practitioner, or supplier of Medicare or Medicaid covered items or services.  The OIG...


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Hybrid Entities: The Importance of Properly Designating Health Care Components

Posted by: Stephanie T. Eckerle on December 12, 2016

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The United States Department of Health and Human Services, Office for Civil Rights (“HHS”) and the University of Massachusetts Amherst (“UMass”) recently entered into a Resolution Agreement and Corrective Action Plan to settle HIPAA violations resulting from the impermissible disclosure of...


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OIG Post New Advisory Opinion on Laboratory Services

Posted by: Stephanie T. Eckerle on December 9, 2016

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On December 5, 2016, the OIG posted Advisory Opinion No. 16-12 concerning a laboratory’s proposal to provide the labeling of test tubes and specimens free of charge to dialysis facilities.  One of the stated purposes of offering this free service was to “obtain or retain the business of a...


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Final Changes To Nursing Facility Arbitration Agreements

Posted by: Meghan M. Linvill McNab on November 21, 2016

Court Decision Clears Way for Broader Use of Postnuptial Agreements

We previously published an article regarding the CMS proposed rule (published July 17, 2015) to revise the requirements that Long-Term Care (“LTC”) facilities must meet to participate in the Medicare and Medicaid programs, and its proposed changes to LTC facilities use of arbitration agreements....


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Health Care Provider agrees to $2.14 million HIPAA Settlement

Posted by: Stacy Walton Long on November 21, 2016

Court Decision Clears Way for Broader Use of Postnuptial Agreements

St. Joseph Health (“St. Joseph”), a nonprofit Catholic health care delivery system, purchased a new server to store files, including electronic Protected Health Information (“ePHI”), that incorporated a file sharing application.  The default settings of the new server allowed anyone with an...


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CMS Finalizes Emergency Preparedness Rule for Health Care Facilities

on September 27, 2016

On September 8, 2016, the Centers for Medicare and Medicaid Services (“CMS”) finalized the Emergency Preparedness Rule (Final Rule”) for health care facilities.  CMS has given significant attention to the Final Rule in light of the many major disasters that have occurred in the last ten years...


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Key Features of Medicare Access & CHIP Reauthorization Act of 2015

on September 27, 2016

Medicare Access & CHIP Reauthorization Act of 20151

On April 27, 2016, the Centers for Medicare and Medicaid Services (“CMS”) issued a Notice of Proposed Rulemaking to implement parts of the Medicare Access & CHIP Reauthorization Act of 2015 (“MACRA”). MACRA is part of an initiative lead by...


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