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Indiana Medicaid Halts EnCred Development

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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CMS Moves Closer to Clarifying Hospital Co-Location Rules with Draft Guidance

By: Brandon W. Shirley and Meghan M. Linvill McNab on June 9, 2019

The Centers for Medicare and Medicaid Services (“CMS”) is seeking public comment on draft guidance regarding hospital co-location with other hospitals or healthcare facilities. The draft guidance, published on May 3, 2019, is CMS’s long awaited attempt to clarify shared space and shared staff…

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Direct HIPAA Enforcement Liability for Business Associates

By: Stacy Walton Long and on June 9, 2019

On May 24, 2019, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a new fact sheet. It compiles the various provisions of the Health Insurance Portability and Accountability Act (HIPAA) that impose direct liability on business associates. The fact sheet aims to…

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Indiana's New Legacy Trust: An Asset Protection Strategy for Hoosiers

By: Rodney S. Retzner on June 9, 2019

Indiana embarks on a bold, new planning strategy on July 1, 2019. As of that date, individuals will be able to avail themselves of “Legacy Trusts” as an additional method by which they can lawfully protect assets against creditors. Indiana residents have long been able to make gifts during life or…

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Revisions to Indiana Physician Assistant Laws Change Relationship from Supervisory to Collaborative

By: Stephanie T. Eckerle and on June 9, 2019

The Indiana General Assembly recently enacted legislation (“Bill 1248”) that changes the relationship between physicians and physician assistants (“PAs”) from that of a supervisory relationship to one of collaboration. Health care providers should be aware that Bill 1248 affects the form of…

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HHS Announces Changes to Maximum Monetary Penalties for HIPAA Violations

By: Stacy Walton Long and on May 21, 2019

The Department of Health and Human Services (HHS) recently announced its decision to significantly reduce the maximum annual penalties it will impose on health care providers for violating the Health Insurance Portability and Accountability Act (HIPAA). HHS previously applied the same maximum…

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CMS Unveils New Value-Based Payment Options for Primary Care Practices

By: Andrew W. Breck and Thomas N. Hutchinson on May 21, 2019

CMS recently announced new value-based care payment models aimed at transforming primary care in order to deliver better value for patients across the healthcare system.  Participation in the payment models will be available starting in January 2020 and is anticipated to attract 25% or more of…

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How "Effective" Is Your Compliance Program?

By: Susan E. Ziel and Andrew W. Breck on May 21, 2019

Measuring corporate compliance program  “effectiveness”  is recommended by several authorities, including the United States Sentencing Commission[1] and the Department of Health and Human Services’ Office of Inspector General (“OIG”)[2].  The goals of an assessment process should be: (1) to identify…

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Are You A "Health Care Business" for Bankruptcy Purposes?

By: C. Daniel Motsinger, , and Kay Dee Baird on May 1, 2019

The day any enterprise starts contemplating a bankruptcy filing never is a happy one. If the enterprise is in the health care industry, added anxiety can arise over whether it qualifies as a “health care business” under the United States Bankruptcy Code. Among other provisions applicable to a…

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Updated INSPECT Requirements Will Streamline Practitioner Obligations

By: Stacy Walton Long and Andrew W. Breck on May 1, 2019

A new bill recently cleared  Indiana’s legislature that will change the requirements of Indiana’s Scheduled Prescription Electronic Collection and Tracking (“INSPECT”) program.  The bill modifies the changes enacted last year that made failure to check the INSPECT database prior to prescribing an…

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Students, Consultants and Other Business Visitors...Important Safeguards

By: Susan E. Ziel and Robert A. Anderson on May 1, 2019

If you are a health care clinic or other office setting, do you have a policy that governs those individuals or “business invitees” who may request and be granted the opportunity to observe or participate in some aspect of your business or clinical operations for a legitimate business purpose?…

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Recent HOPD Address Issues

By: Thomas N. Hutchinson and Meghan M. Linvill McNab on May 1, 2019

Beginning in April 2019, CMS started returning OPPS claims where the Hospital Outpatient Department address on the claim does not match the exact address appearing on the hospital’s Medicare Form 855A.

These include claims returned for using “Ste.” instead of “Suite” or “St.” instead of “Street.”

Be…

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