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Indiana Medicaid Proposes Overhaul of Program Integrity Rules

By: Brandon W. Shirley and Amy M. Levander on June 19, 2018

On June 13, 2018, the Indiana Office of Medicaid Policy and Planning (“OMPP”) published a notice of intent (“NOI”) to adopt an administrative rule (“LSA #18-251”) that overhauls existing program integrity, Medicaid provider appeals, and Medicaid enrollment rules and requirements. The NOI states in…

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Recent OIG Opinion Permits Free Samples to Patients

By: Thomas N. Hutchinson and Meghan M. Linvill McNab on June 19, 2018

On April 30, 2018, the Department of Health and Human Services, Office of Inspector General (“OIG”), issued an Advisory Opinion regarding an Arrangement whereby a Company that distributes and sells medical device and pharmaceutical products provides a limited number of sample ostomy products to…

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Illinois Medicaid Proposes Changes to Certain Psychiatric & Behavioral Health Payments

By: Stacy Walton Long on June 12, 2018

In a May 25, 2018 notice, the Department of Healthcare and Family Services (the “Department”) announced a proposed change in the methods and standards by which the Department will reimburse providers for psychiatric and behavioral health services.[1] The proposed changes, effective for dates of…

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False Claims Act Settlement Puts Spotlight on Pharmacy Auto-Refills For Medicaid Beneficiaries

By: Stephanie T. Eckerle on June 12, 2018

A May 29, 2018 United States Attorney’s Office District of Minnesota press release reported that Wal-Mart Stores, Inc. and Sam’s West, Inc. (d/b/a Sam’s Club) have agreed to pay a total of $825,000 to resolve allegations that the stores violated the federal False Claims Act and Minnesota False…

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Considerations for Business Owners as a Result of the New IRS Partnership Audit Rules

May 23, 2018

The Bipartisan Budget Act of 2015 (the “Act”) changed the IRS partnership audit rules effective as of January 1, 2018.  The changes to the partnership audit rules are unrelated to the much-publicized Tax Cuts and Jobs Act of 2017, but the new partnership audit rules should not be overlooked by…

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ISDH Issues Proposed Rule Amending the Newborn Screening Program

By: Thomas N. Hutchinson on May 23, 2018

On May 9, 2018, the Indiana State Department of Health issued a proposed rule to amend certain regulations governing the Newborn Screening Program in 410 Indiana Administrative Code 3-3 (the “Proposed Rule”).  The Proposed Rule amends the list of disorders newborns must be screened for and the time…

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Importance Of Having A Contingency Plan

By: Stacy Walton Long and Stephanie T. Eckerle on May 23, 2018

In March 2018, the U.S. Department of Health and Human Services Office of Civil Rights (OCR) issued a newsletter entitled, “Plan A… B… Contingency Plan!” While contingency plans are already required under the HIPAA Security Rule1, OCR’s newsletter provides guidance regarding the importance and…

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Update on the May Meeting of the Indiana Commission to Combat Drug Abuse

By: Amy M. Levander on May 9, 2018

The Indiana Commission to Combat Drug Abuse (“Commission”) met on Thursday, May 3, 2018 to continue its collaboration and work to combat various drug and addiction issues in Indiana. 

Several updates on current initiatives were first provided, including the status of INSPECT integration, the state’s…

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Indiana Medicaid Finalizes Rule Changes Affecting Medicaid Home Health Providers

By: Thomas N. Hutchinson and Brandon W. Shirley on May 9, 2018

The Office of the Secretary of Family and Social Services finalized LSA Document #17-342, which is a rule amendment that impacts Indiana Medicaid home health service providers (“Final Rule”).[1] In general, the Final Rule seeks to align Indiana home health service policies with those of 42 C.F.R.…

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OCR Issues Guidance on the Performance of a HIPAA Risk Analysis v. a Gap Analysis

By: Stephanie T. Eckerle and Stacy Walton Long on May 9, 2018

In April 2018 the U.S. Department of Health and Human Services Office of Civil Rights (OCR) published guidance entitled “Risk Analyses v. Gap Analyses – What is the difference?” (the “Guidance”).[1] This Guidance is extremely helpful for both covered entities and business associates on the…

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Bipartisan Budget Act Includes Important Changes to Fraud and Abuse Penalties

By: Thomas N. Hutchinson and Brandon W. Shirley on April 30, 2018

The Bipartisan Budget Act of 2018 (“BBA”) was signed into law February 9 and funds the federal government through March 23. Additionally, the legislation contains significant health care policy changes. Of important note are dramatic increases to civil and criminal penalties for federal health care…

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CMS Proposes Four Rules ??" SNF, IRF, Hospice, IPF

By: Robert A. Anderson and Meghan M. Linvill McNab on April 30, 2018

On April 27, 2018, CMS announced four (4) new proposed rules to “advance administrative burden reduction, Medicare modernization, and the Meaningful Measures Initiative.”   These proposed regulations apply to the following payment systems: (i) Skilled Nursing Facilities Prospective Payment System…

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