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CMS Takes into Consideration the “Totality of the Circumstances” in Withdrawing its Far Reaching Medicaid Fiscal Accountability Rule

Posted by: Meghan M. Linvill McNab and Amanda K. Schipp on September 15, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On November 18, 2019, the Medicaid world was “rocked” when the Centers for Medicare and Medicaid Services (“CMS”) published a proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”).  While intending to strengthen the fiscal integrity and promote transparency of the Medicaid...


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Recruiting Success Tips for Progressive Practices

Posted by: Thomas N. Hutchinson and Andrew W. Breck on September 14, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

For years, many experts have predicted the disappearance of private medical practices in favor of hospital-employed arrangements. In fact, a 2019 Merritt Hawkins study found that 45% of final-year medical residents were open to hospital employment. This compares to just 36% in 2014 and 22% in...


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Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned

Posted by: Brandon W. Shirley and Meghan M. Linvill McNab on September 2, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The Department of Health and Human Services, Office of Inspector General (“OIG”) conducted an audit and published a new report (“Report”) that identifies inconsistencies and questionable extrapolation practices used by Medicare contractors to identify Medicare Part A and B overpayments. While...


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Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements

Posted by: Andrew W. Breck and Meghan M. Linvill McNab on September 2, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On August 25, 2020, CMS issued an Interim Final Rule (“New Rule”) revising regulations for numerous provider types in response to the COVID-19 public health emergency.  With respect to Skilled Nursing Facilities for Medicare and Nursing Facilities for Medicaid (collectively, “Nursing Homes”),...


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OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties

Posted by: Robert A. Anderson and Nicole M. Keith on July 29, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In a pair of press releases, the Office of Civil Rights (“OCR”) announced that it had resolved unrelated complaints relating to religious liberty in the context of overzealous Covid-19 precautions. The first case involved a hospital preventing a Catholic priest from visiting with a seriously...


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Acknowledging State Challenges in Medicaid Administration

Posted by: Meghan M. Linvill McNab and Amanda K. Schipp on July 21, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Earlier this year, the U.S. Government Accountability Office (“GAO”) issued a Report to Congressional Requesters (“Report”) recognizing state views on administration challenges with the Medicaid program. The audit informing the Report lasted nearly two years and was conducted in response to a...


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Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020

Posted by: Brandon W. Shirley and Stephanie T. Eckerle on July 15, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

House Bill 1004 (“HB 1004”), signed into law earlier this year, imposes new patient billing requirements affecting health care providers and health care facilities beginning July 1, 2020. With few exceptions, HB 1004 requires health care providers and facilities to give a patient a good faith...


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