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Acknowledging State Challenges in Medicaid Administration

Posted by: Meghan M. Linvill McNab and Amanda K. Schipp on July 20, 2020

Earlier this year, the U.S. Government Accountability Office (“GAO”) issued a Report to Congressional Requesters (“Report”) recognizing state views on administration challenges with the Medicaid program. The audit informing the Report lasted nearly two years and was conducted in response to a…

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Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020

Posted by: Brandon W. Shirley and Stephanie T. Eckerle on July 14, 2020

House Bill 1004 (“HB 1004”), signed into law earlier this year, imposes new patient billing requirements affecting health care providers and health care facilities beginning July 1, 2020. With few exceptions, HB 1004 requires health care providers and facilities to give a patient a good faith…

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IRS Adds Frequently Asked Questions Addressing Taxation of Provider Relief Payments

Posted by: Kendall A. Schnurpel and Brian M. Heaton on July 14, 2020

Late last week, the Department of Health and Human Services (“HHS”) updated its Frequently Asked Questions (“FAQ”) webpage to provide guidance on the tax treatment of payments received under the Public Health and Social Services Emergency Fund (the “Provider Relief Fund”). The new FAQ makes it…

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Nursing Homes Required to Test All Staff Members for COVID-19

Posted by: Meghan M. Linvill McNab and James C. O'Neil on June 18, 2020

As we previously reported, with case counts accumulating amongst the vulnerable patient population in nursing homes, the Indiana State Department of Health (“ISDH”) has mandated that all nursing home (“facility”) staff must undergo testing for COVID-19, free of charge, during the period of June 15,…

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How Does My Compliance Program Measure Up?

Posted by: Susan E. Ziel and Andrew W. Breck on June 9, 2020

While the goal of any organization is to avoid investigation by government agencies altogether, the reality is that health care providers operate in a highly regulated industry resulting in greater risk of encountering an enforcement action at some point.  Therefore, it is imperative to consider how…

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Don't Be Complacent, Be Compliant - CMS and OIG Online Sources Continue to Provide Important Compliance and COVID-19 Updates

Posted by: Susan E. Ziel and Andrew W. Breck on June 4, 2020

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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When It Rains, It Pours - Nursing Facilities to Face Imminent Survey Activity, Enhanced Enforcement Actions, and Staff Testing Requirements as a Result of COVID-19

Posted by: Andrew W. Breck and Meghan M. Linvill McNab on June 3, 2020

Nursing facilities have undoubtedly encountered unique challenges during the ongoing COVID-19 public health crisis.  In an effort to protect the vulnerable population receiving care in these facilities, the Centers for Medicare and Medicaid Services (CMS) issued guidance on June 1, 2020 announcing…

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Protect Yourself from Anti-Kickback Statute Liability When Donating PPE

Posted by: Brandon W. Shirley and Marc T. Quigley on May 18, 2020

The HHS Office of Inspector General (“OIG”) recently updated its COVID-19 FAQ page to clarify its view of donated Personal Protective Equipment (“PPE”) during the COVID-19 public health emergency. Specifically, the OIG clarified that donations to actual or potential referral sources made during the…

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Indiana Imposes Requirements on Physician Noncompete Provisions

Posted by: Robert A. Anderson and Hillary N. Buchler on May 17, 2020

The Indiana Legislature passed House Bill 1004 which Indiana’s Governor signed into law on March 18, 2020. Section 8 of the Bill creates new law affecting physician noncompete agreements and physician separations and goes into effect on July 1, 2020.

New chapter, IC 25-22.5-5.5 sets out five…

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New FAQ Addresses Eligibility of §115 Hospitals for PPP Loans

Posted by: Kendall A. Schnurpel on May 5, 2020

On Sunday, May 3, 2020, the Small Business Administration (“SBA”) added content to its Frequently Asked Questions (“FAQ”) for the payroll protection program (“PPP”) loans established under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). One added response dealt with the…

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CMS Publishes New Medicare Changes to Address the COVID-19 Pandemic

Posted by: Brandon W. Shirley and Meghan M. Linvill McNab on May 3, 2020

On April 30, 2020, the Centers for Medicare and Medicaid Services (“CMS”) announced a second round of changes to requirements designed to expand COVID-19 testing, to increase and support hospital capacity and workforce, and to expand Medicare coverage for telehealth services. Some of these changes…

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CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care

Posted by: Brandon W. Shirley and Robert A. Anderson on April 19, 2020

On April 19, 2020, the Centers for Medicare and Medicaid Services (“CMS”) issued recommendations to States for resuming non-emergent, non-COVID-19 health care in areas with “low, or relatively low incidence of COVID-19” that relate to recent reopening guidance. The CMS recommendations are not…

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