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CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling

By: Virginia A. Talley and Shelley M. Jackson on January 20, 2022

On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”). 

Scope of Guidance

The…

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Had Enough Compliance Challenges? Don’t Forget About the Stark Law’s Group Practice Compensation Changes Effective January 1, 2022

By: Thomas N. Hutchinson and Brandon W. Shirley on January 6, 2022

Most health care providers face many compliance challenges in today’s regulatory climate with the promise of many more to come in the new year. This burden may be particularly acute for physician group practices who must change the methodology for pooling and distributing overall profits under an…

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The Long, Winding Road of Indiana’s Electronic Prescribing Mandate

By: Grant M. Achenbach and Brandon W. Shirley on December 27, 2021

Are you getting mixed messages on when you need to start electronically prescribing controlled substances? You’re not alone. 

After Congress passed the SUPPORT Act in 2018 requiring prescribers to issue electronic prescriptions on January 1, 2021 for Medicare Part D controlled substance…

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Should Co-Located Hospitals Hate Those Blurred Lines?

By: Meghan M. Linvill McNab and Brandon W. Shirley on November 30, 2021

At long last, the Centers for Medicare & Medicaid Services (“CMS”) issued final guidance on hospital co-location with other hospitals and health care facilities (“Final Guidance”). Hospital co-location has been a compliance challenge for many due to CMS’s piecemeal approach, which included a…

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Mental Health Provider’s Tarasoff* Duty is Alive and Well in Indiana

By: Robert A. Anderson and Hillary N. Buchler on November 18, 2021

The Indiana Court of Appeals recently held that healthcare providers could be liable for failing to take steps to protect a patient’s grandfather against an imminent danger demonstrated by the patient’s conduct and statements across several trips to the emergency department. In Coplan v. Miller (Ct.…

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Overview of New Federal COVID-19 Vaccination Requirements for Employers (Podcast)

By: Shelley M. Jackson and George C. Lepeniotis on November 17, 2021

Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.

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Dollars to Donuts - Sunshine Audit Review

By: Thomas N. Hutchinson and on November 12, 2021

Although most physicians have heard about the Physician Payments Sunshine Act (the “Sunshine Act”) and have seen reports of the payments physicians have received from reporting drug and medical device companies, few physicians take the time to review or correct their own records. 

Many physicians…

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Is Your ASC Too Cheap?

By: Thomas N. Hutchinson on November 12, 2021

The development and growth of ambulatory surgery centers (“ASCs”) has continued and even accelerated in recent years. Shifts in allowable cases from inpatient to outpatient, temporary closures of hospital outpatient departments because of COVID, and private equity funding have all bolstered this…

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CMS Takes Another “Shot” at COVID Vaccination Transparency in Nursing Facilities

By: Meghan M. Linvill McNab and Brandon W. Shirley on September 22, 2021

The Centers for Medicare and Medicaid Services (“CMS”) announced a new tool on the CMS Compare website to permit consumers to access each nursing facility’s staff and resident vaccination rates and make informed decisions when choosing a nursing facility. CMS has required certified nursing…

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Hurry Up and Wait: Feds Delay Enforcement of Medical Billing Transparency Requirements

By: Brandon W. Shirley and Grant M. Achenbach on September 7, 2021

The Federal Departments of Labor, Health and Human Services (HHS), and the Treasury recently announced a delay to certain portions of their Interim Final Rules implementing the surprise billing provisions of the No Surprises Act, set to become effective on January 1, 2022. While most of the delays…

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Getting Staff to Report Impaired Physicians May Have Just Become More Difficult

By: Robert A. Anderson on August 31, 2021

In a recent decision, Rebecca J. Denman, M.D. v. St. Vincent Medical Group, Inc., St. Vincent Carmel Hospital, Inc., 20A-PL-1236 (Aug. 18, 2021), the Indiana Court of Appeals upheld a $4.75 million verdict awarded by a Marion County jury to Dr. Rebecca Denman against a charge nurse, St. Vincent…

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What is a “Referral” Under the Anti-Kickback Statute?

By: Andrew W. Breck and Thomas N. Hutchinson on August 31, 2021

Central to the practice of medicine, referrals are an important part of patient care.  Referrals are also a critical component when evaluating whether arrangements between parties violate the Anti-Kickback Statute (“AKS”), which prohibits knowingly or willfully offering, paying, soliciting, or…

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