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Search OptionsHealth CareCMS Issues Final Rule Easing Restrictions On Arbitration Agreements In Long Term Care Setting
The Centers for Medicare & Medicaid Services (CMS) published a Final Rule on July 18, 2019 that repealed a prior rule prohibiting Long-Term Care (LTC) facilities from using pre-dispute, binding arbitration agreements.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… Compliance Update: RCRA 'Subpart P' and the New Hazardous Waste Pharmaceutical Rules
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… CMS Issues Long Awaited Clarification on Application of EMTALA to Psychiatric Hospitals
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… Department of Justice Publishes New Guidance for Evaluating Corporate Compliance Programs
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… Say What You Mean and Mean What You Say - Especially to the Feds
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… Indiana Medicaid Modifies Coverage of Certain Mental Health Services
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… Changes to Indiana Physical Therapy Practice Act Provide Greater Authority to Physical Therapists
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… NPDB Insights and Proctoring Arrangements
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 –… Indiana Medicaid Halts EnCred Development
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… CMS Moves Closer to Clarifying Hospital Co-Location Rules with Draft Guidance
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… Direct HIPAA Enforcement Liability for Business Associates
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… Indiana's New Legacy Trust: An Asset Protection Strategy for Hoosiers
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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