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The Online NPDB Insights Publication Provides Monthly Guidance on Reportable Actions

By: Susan E. Ziel and Sarah Stites Millspaugh on December 2, 2019

The National Practitioner Data Base (“NPDB”) is a confidential clearinghouse established by Federal laws[1] and regulations[2] in order to promote quality, to protect the public and to reduce healthcare fraud and abuse.  The U.S. Department of Health and Human Services (“HHS”) is responsible for…

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Just Released: Proposed Rule on Medicaid Fiscal Accountability

By: Meghan M. Linvill McNab and on November 11, 2019

On November 12, 2019, Seema Verma, Administrator for the Centers for Medicare and Medicaid Services (“CMS”) spoke to the National Association of Medicaid Directors.  As part of that speech, Administrator Verma emphasized the need for transparency in Medicaid programs, particularly Medicaid…

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CMS' Final Rule on Discharge Planning Expands Patient Choice and Supports Interoperability

By: Andrew W. Breck and Robert A. Anderson on October 28, 2019

CMS recently issued a final rule on discharge planning requirements for hospitals, critical access hospitals (“CAHs”), and home health agencies (“HHAs”).  The new regulations focus on the exchange of patient information between healthcare facilities in the discharge process. The final rule allows…

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How Does Your Organization's Exclusion Verification Policy Compare?

By: Susan E. Ziel and Robert A. Anderson on October 28, 2019

Does your organization have a policy relating to verification of exclusion from Federal and State healthcare programs? If so, does your Policy comply with all applicable requirements?   Requirements include the following:

  • The Civil Monetary Penalties (“CMP”) Law[1] which imposes monetary penalties…

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PATIENTS SAY THE DARNDEST THINGS: Providers Risk Disclosing PHI in Response to Online Reviews

By: Thomas N. Hutchinson and on October 27, 2019

In the age of increased access to online review platforms such as Google, Facebook, Healthgrades, and Vitals, healthcare providers face the difficult task of managing negative reviews. It can be tempting to respond to negative reviews in an effort to resolve problems. However, these platforms pose…

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Office of Inspector General Clarifies Online Digital Platforms and Marketing Practices for Physicians

By: Brandon W. Shirley and Robert A. Greising on October 7, 2019

The Health and Human Services Office of Inspector General (“OIG”) recently published an Advisory Opinion (“AO 19-04”) concerning the use of online platforms for finding and booking physician appointments and physician marketing. While the OIG determined that the platform and payment structure…

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OCR Holds True to Right of Access Initiative with First Enforcement Action

By: Stacy Walton Long and on October 7, 2019

Earlier this year, the Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced its Right of Access Initiative. The Right of Access Initiative promises to vigorously enforce the rights of patients to receive copies of their medical records without facing…

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Judge Strikes Down Payment Cuts For Outpatient Department Evaluation and Management Services

By: Brandon W. Shirley and Meghan M. Linvill McNab on October 7, 2019

In a decision dated September 17, 2019, a Federal judge invalidated a 2018 Centers for Medicare and Medicaid Services (“CMS”) regulation that attempted to align Medicare Part B payments for Evaluation & Management (“E&M”) services in hospital outpatient departments (“OPD”) with the lower rates paid…

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INSPECT Requirements for Prescriber Delegates

By: Stacy Walton Long and on September 16, 2019

The Indiana Scheduled Prescription Collection and Tracking (“INSPECT”) program is an online tool that maintains a clearinghouse of patient information for health care professionals. The INSPECT database limits access to certain individuals and entities including the following: health care…

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CMS and OIG Online Sources Provide Important Updates Regarding Corporate Compliance

By: Susan E. Ziel and Andrew W. Breck on September 16, 2019

Health care, and its many statutory, regulatory and industry “yardsticks” are ever-changing and require regular attention.  In order to stay close to the action, particularly with respect to matters concerning corporate compliance, there are at least three online sources to consider.  The first is…

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CMS Warns “Beware of the Company You Keep” In New Sanctions Rule

By: Brandon W. Shirley and Meghan M. Linvill McNab on September 16, 2019

In a new rule effective November 4, 2019, the Centers for Medicare & Medicaid Services (“CMS”) expanded Federal and State authority to punish providers with a troubled history or for affiliating with “bad actors” (the “New Rule”). In announcing the New Rule, CMS Administrator Seema Verma…

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CMS Proposes New Rules Aimed at Reshaping Medicare Payment Policies

By: Andrew W. Breck and Meghan M. Linvill McNab on August 26, 2019

On July 29th, CMS jointly released its Proposed Rules for the 2020 Medicare Physician Fee Schedule and 2020 Hospital Outpatient Prospective Payment System that would update Medicare payment policies aimed at increasing price transparency, improving quality, and reducing burdens on providers.  Some…

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