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Indiana Legislature Modifies Medical Consent and POST Statutes

By: Robert A. Anderson and Stacy Walton Long on March 26, 2018

The Indiana Legislature recently made several significant and common sense changes to Indiana’s medical consent statute (I.C. 16-36-1-1 et. seq.) and added a new section to the Indiana Code about Physician Orders for Scope of Treatment (POST) forms (I.C. 16-36-6-21), both of which are effective…

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CMS Revises the MLN Telehealth Services Booklet

By: Stephanie T. Eckerle and Brandon W. Shirley on March 26, 2018

In February 2018, the Center for Medicare and Medicaid Services (“CMS”) revised its MLN Booklet on Telehealth Services (the “Telehealth Booklet”).[1]  Medicare continues to be fairly restrictive in terms of reimbursing telehealth services. While the Telehealth Booklet does not announce any…

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Legislation Streamlining Prior Authorization Requirements for Commercial Health Insurance Plans Becomes Law

By: Amy M. Levander on March 25, 2018

On March 14, 2018, Governor Eric J. Holcomb signed into law a measure that provides for significant streamlining of the prior authorization requirements for health care services covered by commercial health insurance plans in Indiana that are not otherwise governed by ERISA.  House Enrolled Act 1143…

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Bill Requiring Practitioners to Check INSPECT Before Prescribing Passes House, Senate; Gov. Holcomb to Sign

By: Amy M. Levander on March 19, 2018

Governor Eric Holcomb is expected to sign legislation aimed at curbing Indiana’s growing opioid crisis, one of Governor Holcomb’s top agenda items for the 2018 legislative session. Senate Enrolled Act 221 (“SEA 221”) requires prescribers to have access to and utilize INSPECT, a state-sponsored…

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CMS Reminder Regarding Services Rendered by Hospitals to Patients Staying in Other Facilities

By: Leah S. Mannweiler and Meghan M. Linvill McNab on March 18, 2018

The Centers for Medicare and Medicaid Services (“CMS”) recently issued guidance (MLN Matters SE17033 – Revised) re-emphasizing that Medicare should not pay an acute care hospital for services furnished to a Medicare beneficiary, when the beneficiary is still an inpatient of another facility, such…

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CMS Reminds Providers to Report Changes in Ownership

By: Thomas N. Hutchinson on March 4, 2018

CMS’ recent MLN Connects e-Newsletter reminds providers of their obligation to report changes in ownership to CMS and highlighted the 2016 Office of Inspector General (“OIG”) study that revealed providers may not be properly reporting changes in ownership.

OIG’s 2016 study titled “Medicare:…

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Continuing HIPAA Obligations After a Business Ceases

By: Stephanie T. Eckerle and Meghan M. Linvill McNab on March 4, 2018

In a recent announcement by the U.S. Department of Health and Human Services (“HHS”), Office of Civil Rights (“OCR”), the OCR was clear to make a point that just because a business closes during an OCR investigation, does not mean that the business’ obligation for any HIPAA violations ends.  To make…

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OIG Approves of Hospital-Physician Gainsharing Arrangement, But Details Prove Critical

By: Brian M. Heaton on March 4, 2018

A December 2017 Office of Inspector General (“OIG”) Advisory Opinion favors a gainsharing arrangement whereby a hospital will share with specific neurosurgeons a percentage of the hospital’s cost savings from spinal surgeries performed at the hospital. [1]  This Advisory Opinion marks the OIG’s…

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Passing of Bi-Partisan Budget Act Affects Medicaid Payments

By: Leah S. Mannweiler and Meghan M. Linvill McNab on February 25, 2018

On February 9, 2018, both the House and the Senate voted to pass, and President  Trump signed into law, the Bi-Partisan Budget Act of 2018 (the “Act”, House Resolution 1892).  Most notably this Act extends federal appropriations through March 23, 2018, preventing government shutdown for another…

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Recent OCR Resolution Agreement and Corrective Action Plan ... Lessons Learned

By: Stephanie T. Eckerle and Susan E. Ziel on February 25, 2018

The Health and Human Services’ Office of Civil Rights (“OCR”) recently entered into yet another Resolution Agreement after investigating a serious breach incident involving the electronic protected health information (“e-PHI”) of over 2 million patients that was maintained by a Florida health care…

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Ability to Prescribe Buprenorphine Expanded to Mid-Level Practitioners

By: Stephanie T. Eckerle and Meghan M. Linvill McNab on February 25, 2018

On January 23, 2018, the U.S. Drug Enforcement Administration (“DEA”) issued a  final rule announcing another step to increase opioid addiction treatment.[1]  Effective January 22, 2018, nurse practitioners (“NP”) and physician assistants (“PA”) are eligible to become DATA-Waived "qualifying…

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OIG Settles Cases Involving Allegations of EMTALA Violations

By: Thomas N. Hutchinson on February 25, 2018

In December 2017, the Office of Inspector General (“OIG”) entered into settlement agreements with four hospitals to resolve allegations of violations of the Emergency Medical Treatment and Labor Act (“EMTALA”).[1]  EMTALA requires hospitals to provide an appropriate screening examination and…

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