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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…

Take Five: 5 Things You Need to Know About Indiana Government

By: Amy M. Levander and Amy E. Schwarz on August 27, 2021

1.  Governor’s Public Health Commission
 
On Wednesday, August 18th, Governor Holcomb announced the creation of the Governor’s Public Health Commission through Executive Order 21-21. The 15-member Commission will be co-chaired by Dr. Judy…

Into the Unknown: A look Into the Uncertain Future of New Surprise Billing Laws (Podcast)

By: Brandon W. Shirley and George C. Lepeniotis on August 21, 2021

In this podcast we'll discuss how State and federal governments are rapidly pushing new medical billing transparency requirements. These new laws are raising many questions about what to expect and how to comply. Krieg DeVault attorneys discuss…

Rural Emergency Hospital Providers - What We Know and What's to Come

By: Meghan M. Linvill McNab and Thomas N. Hutchinson on August 19, 2021

The Consolidated Appropriations Act of 2021 adds a new rural emergency hospital (“REH”) provider type for Medicare and adds Medicare coverage for REH Services, effective January 1, 2023.

New REH provider type for Medicare: 

  • An REH is a former1…

14 Krieg DeVault Attorneys Recognized by 2022 Best Lawyers®; 8 Named to the 2022 Best Lawyers in America® Listing; 2 Receive “Lawyer of the Year” Designation; 6 Receive “Ones to Watch” Designation

August 19, 2021

Krieg DeVault is pleased to announce that 14 attorneys have been recognized for inclusion in various 2022 Best Lawyers® Listings. Best Lawyers is the oldest peer-review publication in the legal profession. A listing in Best Lawyers is widely…

Federal Agency Raises Lending Concerns Within Hemp Industry

By: Kendall A. Schnurpel and Kyle P. Chambers on August 18, 2021

On July 12, 2021 the U.S. Farm Credit Administration (“FCA”), the federal agency that regulates farm lending, issued an informational memorandum (“Memo”) to its network of farm credit institutions. The Memo recommends considerations when deciding…

Treasury and IRS Provide Gross Receipts Safe Harbor for Employers Claiming the CARES Act Employee Retention Credit

By: Kendall A. Schnurpel and Robert A. Greising on August 12, 2021

On Tuesday, August 10, 2021, the U.S. Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued Revenue Procedure 2021-33 (“RP 21-33”), which provides helpful guidance regarding the calculation of gross receipts for…

Don't Let Expiration of Emergency COVID Waivers Leave You With Unlicensed Members of the Care Team

By: Brandon W. Shirley and Stacy Walton Long on August 11, 2021

Indiana Executive Orders that temporarily authorized certain health care students to practice in Indiana under a temporary license are set to expire on September 30, 2021. Executive Orders (EO 21-17 and EO 21-19) allowed physician assistant…

Under New Hospital Cost Transparency Requirements, Is the Cost of Noncompliance Now Too Much?

By: Brandon W. Shirley and Thomas N. Hutchinson on August 11, 2021

The Centers for Medicare and Medicaid Services (“CMS”) is prepared to increase hospital cost transparency penalties for noncompliance established under prior rules beginning January 1, 2022. In a proposed rule published on July 19, 2021, CMS…

Indiana’s New Advanced Health Care Directive

By: Rodney S. Retzner, Thomas N. Hutchinson, and Micah J. Nichols on August 10, 2021

On July 1, 2021, Indiana significantly broadened the options for an individual to make health care wishes known through an “Advanced Directive for Health Care Decisions” (an “Advanced Directive”). Senate Enrolled Act No. 204 (“SEA 204”), effective…

Senate Appropriations Committee Votes to Expand Vet Access to Medicinal Cannabis

By: Kendall A. Schnurpel and on August 9, 2021

On Wednesday, August 4, 2021, the Senate Appropriations Committee approved an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (“2022 VA Appropriations Bill”) that would allow doctors with the…

Court Bulldozes Indiana Contract Provision Requiring Florida Litigation

By: Christopher W. Bloomer and Robert S. Schein on August 9, 2021

Pursuant to its $1 million + contract with Sullivan Corporation (“Sullivan”), Rabco Enterprises, LLC (“Rabco”) agreed to provide labor and materials for a self-storage project in Noblesville, Indiana (the “Project”). 

In 2019, Sullivan filed a breach…

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