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Search OptionsHealth CareCOVID-19, Faith, and 'Technical Assistance' from OCR
Patients treating at hospitals during the ongoing public health emergency face a number of challenges with respect to access to on-site and virtual support from family and friends. Compounding the stress, some hospitals have denied patients in-person access to members of their respective clergy in… Patient May Raise Vicarious Liability of Hospital for Unnamed Physicians in Medical Review Panel Submission
Recently, in Anonymous Hospital v. Mason Spencer and Steve Robertson, Commissioner of The Indiana Dept. of Insurance, and Doug Hill, Medical Review Panel Chair, 20A-CT-393, the Indiana Court of Appeals held that a patient may assert negligence on the part of nonparty physicians in his submission to… CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021
Effective January 1, 2021, all hospitals that operate in the United States will be required to comply with CMS’s Price Transparency Requirements detailed in its Final Rule (the “Rule”). The Rule mandates that hospitals establish, update, and make public a list of their standard charges for the… Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield
On July 16, 2020, the Court of Justice of the European Union (CJEU) in Luxembourg issued its long-anticipated decision in the case of Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). The decision concludes two years of litigation of a complaint initiated by Austrian privacy… Indiana Improves Telemedicine Reimbursement During COVID Emergency
The Indiana Office of Medicaid Policy and Planning (“OMPP”) announced new changes to telemedicine reimbursement that aligns all Medicaid payor policies (fee-for-service and Medicaid managed care). The changes, applicable to claims with dates of service beginning September 24, 2020, allow providers… Anesthesiologist's Business Card Given to Patient on Morning of Surgery Probably Won't Absolve Hospital of Liability
In the recent case of Jernagan v Indiana University Health a/k/a Indiana University Health ACO, Inc. a hospital clerk provided the patient with an anesthesiologist’s business card on the morning of his surgery. The Indiana Court of Appeals held that may not have provided reasonable notice of the… Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers
Governor Holcomb recently issued Executive Order 20-45 extending the ability of certain health care providers to practice in the State of Indiana in response to the current COVID-19 public health emergency. Specifically, the Executive Order applies to the following health care professionals who… CMS Takes into Consideration the “Totality of the Circumstances” in Withdrawing its Far Reaching Medicaid Fiscal Accountability Rule
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… Recruiting Success Tips for Progressive Practices
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 2008.… Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned
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 the… Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements
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”), the New… OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties
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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