The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), recently concluded its investigation into MedEvolve, a business associate (“Business Associate”) of a covered health care entity. Business Associate self-reported a data breach to OCR that exposed the Protected…
Over the past three years, healthcare providers have adapted to specific regulatory requirements that were originally set to end when the federal public health emergency (“PHE”) expired. The PHE provided certain flexibilities and regulatory requirements over the past few years, that enabled health…
The Centers for Medicare and Medicaid Services (“CMS”) is making another concerted effort to enforce hospital cost transparency rules that have been in effect since January 1, 2021 (the “Rules”) as explained in our prior alert. Since that time, CMS struggled to enforce compliance with the Rule and…
Indiana continues down the path of instituting a managed care model for long term services and supports. The Indiana legislature recently enacted House Bill (HB) 1461 that provides sweeping regulatory relief to the provider industry. The legislation provides for implementation of the Family and…
The Indiana General Assembly recently passed Senate Enrolled Act (“SEA”) 71, which further narrows the use of noncompete agreements with respect to all employed physicians, but especially primary care physicians. The new law will take effect on July 1, 2023, after Governor Eric Holcomb’s expected…
Krieg DeVault Health Care Regulatory Lawyer, Brandon W. Shirley breaks down his recent alert on the proposed overpayment rule issued by the Centers for Medicare & Medicaid Services (CMS).
The Centers for Medicare & Medicaid Services (CMS) recently issued a proposed rule that would eliminate the “reasonable diligence” requirement that Medicare Part A and Part B providers had to investigate and quantify Medicare repayments under 42 C.F.R. § 401.305. This reasonable diligence period,…
A scam which circulated in early 2021 has resurfaced recently. Scammers are calling physician practices and posing as DEA agents. It appears the scammers are targeting smaller practices, and calling and introducing themselves as DEA agents who are investigating a complaint. Once they get the…
The U.S. Department of Health and Human Services (“HHS”), through the Substance Abuse and Mental Health Services Administration (“SAMHSA”), recently announced proposed changes to the protection of substance use disorder patient records under 42 CFR Part 2 (“Part 2”). Part 2 regulations govern the…
As of July 1, 2021, certain hospitals in Indiana are required by state law (IC 16-21-9-3.5) to hold an annual public forum in order to promote transparency and accountability in their operations, and to ensure that the needs and concerns of the community are addressed. These forums may be held in…
In The Religious Sisters of Mercy v. Xavier Becerra, the 8th Circuit Court of Appeals recently upheld a permanent injunction against the Department of Health and Human Services (“HHS”) and the Equal Employment Opportunity Commission’s (“EEOC”) enforcement of Section 1557 of the Affordable Care Act…
One time consuming (and potentially frustrating) part of any private equity transaction is pre-sale due diligence. Pre-sale diligence is an internal review of the “selling” practice. (For purposes of this article, we will refer to the practice as the “seller” even though the buyer may be making an…
