A recent Indiana case involving a non-compete in the healthcare field is worth review. In Great Lakes Anesthesia, P.C. v. O’Bryan, the Indiana Court of Appeals held that a restrictive covenant between an independent anesthesia group and two of its hospital-based CRNAs was unenforceable once the…
On May 17, 2018, the Family and Social Services Administration (“FSSA”) published a final rule, LSA Document #17-552 (“Final Rule”), to update and extend Indiana’s Hospital Assessment Fee (“HAF”) program.[1] The Final Rule amends 405 IAC 1-8-5 and 405 IAC 1-10.5-7 to extend the HAF program through…
The Joint Commission recently announced a new element of performance to Accreditation Participation Requirement APR.01.03.01 (“Element of Performance”). The Element of Performance requires immediate notification to The Joint Commission when the Centers for Medicare and Medicaid Services (“CMS”)…
On June 13, 2018, the Indiana Office of Medicaid Policy and Planning (“OMPP”) published a notice of intent (“NOI”) to adopt an administrative rule (“LSA #18-251”) that overhauls existing program integrity, Medicaid provider appeals, and Medicaid enrollment rules and requirements. The NOI states in…
On April 30, 2018, the Department of Health and Human Services, Office of Inspector General (“OIG”), issued an Advisory Opinion regarding an Arrangement whereby a Company that distributes and sells medical device and pharmaceutical products provides a limited number of sample ostomy products to…
In a May 25, 2018 notice, the Department of Healthcare and Family Services (the “Department”) announced a proposed change in the methods and standards by which the Department will reimburse providers for psychiatric and behavioral health services.[1] The proposed changes, effective for dates of…
A May 29, 2018 United States Attorney’s Office District of Minnesota press release reported that Wal-Mart Stores, Inc. and Sam’s West, Inc. (d/b/a Sam’s Club) have agreed to pay a total of $825,000 to resolve allegations that the stores violated the federal False Claims Act and Minnesota False…
The Bipartisan Budget Act of 2015 (the “Act”) changed the IRS partnership audit rules effective as of January 1, 2018. The changes to the partnership audit rules are unrelated to the much-publicized Tax Cuts and Jobs Act of 2017, but the new partnership audit rules should not be overlooked by…
On May 9, 2018, the Indiana State Department of Health issued a proposed rule to amend certain regulations governing the Newborn Screening Program in 410 Indiana Administrative Code 3-3 (the “Proposed Rule”). The Proposed Rule amends the list of disorders newborns must be screened for and the time…
In March 2018, the U.S. Department of Health and Human Services Office of Civil Rights (OCR) issued a newsletter entitled, “Plan A… B… Contingency Plan!” While contingency plans are already required under the HIPAA Security Rule1, OCR’s newsletter provides guidance regarding the importance and…
The Indiana Commission to Combat Drug Abuse (“Commission”) met on Thursday, May 3, 2018 to continue its collaboration and work to combat various drug and addiction issues in Indiana.
Several updates on current initiatives were first provided, including the status of INSPECT integration, the state’s…
The Office of the Secretary of Family and Social Services finalized LSA Document #17-342, which is a rule amendment that impacts Indiana Medicaid home health service providers (“Final Rule”).[1] In general, the Final Rule seeks to align Indiana home health service policies with those of 42 C.F.R.…
