Health Care
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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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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By: Marc T. Quigley and
on August 26, 2019
The Centers for Medicare & Medicaid Services (CMS) published a Final Rule on July 18, 2019 that repealed a prior rule prohibiting Long-Term Care (LTC) facilities from using pre-dispute, binding arbitration agreements. LTC facilities that choose to utilize arbitration agreements must adhere to…
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By: Matthew D. Neumann
on August 8, 2019
Health care facilities will need to comply with new regulations governing the management and disposal of Hazardous Waste Pharmaceuticals (“HWPs”). The Environmental Protection Agency (“EPA”) has promulgated new rules to be codified at 40 C.F.R. Part 266, Subpart P of the implementing regulations of…
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By: Meghan M. Linvill McNab and
on August 5, 2019
On July 2, 2019, the Centers for Medicare and Medicaid Services (“CMS”) issued a letter to State Survey Agency Directors with Frequently Asked Questions on the application of the Emergency Medical Treatment and Labor Act (“EMTALA”) to Psychiatric Hospitals (the “FAQ”). This is the second time this…
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By: Susan E. Ziel and Brandon W. Shirley
on August 5, 2019
On April 30, 2019, the United States Department of Justice (“DOJ”) published new recent guidance for corporate compliance programs, entitled “Evaluation of Corporate Compliance Programs.” Such publications are particularly helpful as they provide guidance for white-collar prosecutors on the…
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By: Robert A. Anderson and Marc T. Quigley
on July 22, 2019
The recent settlement between Coffey Health System in Kansas and the U.S. government is a cautionary tale to other healthcare providers: false attestations related to government incentive programs could lead to False Claims Act liability. Coffey Health System operates a 25-bed critical access…
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By: Meghan M. Linvill McNab and
on July 22, 2019
On May 30, 2019, the Indiana Health Coverage Programs (“IHCP”) released a bulletin (BT201929) stating that it is modifying coverage of crisis intervention, intensive outpatient treatment (“IOT”) and peer recovery services for Indiana Medicaid, effective July 1, 2019. The two notable changes are…
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By: Stacy Walton Long and
on July 1, 2019
The Indiana General Assembly recently passed legislation (“SB 586”), related to the regulation of physical therapists (“PTs”). Health care providers who utilize physical therapists should be aware of the administrative, licensing, and scope of practice changes included in SB 586. These regulatory…
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By: Susan E. Ziel and Stacy Walton Long
on June 27, 2019
Various healthcare providers use the National Practitioner Data Bank (NPDB) in connection with credentialing medical staff and reporting adverse corrective actions involving professional competence or conduct of practitioners. On a monthly basis, NPDB publishes an online report – NPDB Insights –…
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By: Meghan M. Linvill McNab and Brandon W. Shirley
on June 27, 2019
On June 12, 2019, the Indiana Family and Social Services Administration (“FSSA”) issued an announcement that it is suspending development of the new enrollment and credentialing system (“EnCred”) for Indiana Medicaid providers. Prior to this announcement, FSSA had been developing EnCred in…
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