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Website Compliance with the ADA: Is Your Company Compliant With the Latest DOJ Guidance?

By: Brett J. Ashton and Libby Yin Goodknight on June 8, 2022

While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…

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Private Equity Investment in Medical Practices Series: STEP 2 - Should I Use a Broker?

By: Thomas N. Hutchinson and Brian M. Heaton on April 8, 2022

Private equity (PE) health care transactions continue to capture the attention of many in the industry. Whether viewed as an opportunity to grow, stabilize, or exit a business, owners feel compelled--even obligated--to explore PE alternatives before the market cools or they are otherwise left…

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Private Equity Investment in Medical Practices Series: Buying or Selling a Medical Practice - STEP 1 - The Nondisclosure Agreement

By: Thomas N. Hutchinson and Brian M. Heaton on March 8, 2022

The first step in most medical practice or health facility sale discussions (including those with private equity) is the negotiation and execution of a Non-Disclosure Agreement, also commonly referred to as an NDA or Confidentiality Agreement. An NDA is one of the more “boilerplate” documents in…

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It’s Time to Come to Terms with New Surprise Billing Laws

By: Brandon W. Shirley and Robert A. Anderson on February 1, 2022

The No Surprises Act imposed sweeping new cost transparency requirements on health care providers throughout the United States that raised many compliance questions and new challenges. Adding to the confusion, regulators responsible for implementing the new law issued regulations in phases…

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CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling

By: Virginia A. Talley and Shelley M. Jackson on January 20, 2022

On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”). 

Scope of Guidance

The…

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Had Enough Compliance Challenges? Don’t Forget About the Stark Law’s Group Practice Compensation Changes Effective January 1, 2022

By: Thomas N. Hutchinson and Brandon W. Shirley on January 6, 2022

Most health care providers face many compliance challenges in today’s regulatory climate with the promise of many more to come in the new year. This burden may be particularly acute for physician group practices who must change the methodology for pooling and distributing overall profits under an…

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The Long, Winding Road of Indiana’s Electronic Prescribing Mandate

By: Grant M. Achenbach and Brandon W. Shirley on December 27, 2021

Are you getting mixed messages on when you need to start electronically prescribing controlled substances? You’re not alone. 

After Congress passed the SUPPORT Act in 2018 requiring prescribers to issue electronic prescriptions on January 1, 2021 for Medicare Part D controlled substance…

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Should Co-Located Hospitals Hate Those Blurred Lines?

By: Meghan M. Linvill McNab and Brandon W. Shirley on November 30, 2021

At long last, the Centers for Medicare & Medicaid Services (“CMS”) issued final guidance on hospital co-location with other hospitals and health care facilities (“Final Guidance”). Hospital co-location has been a compliance challenge for many due to CMS’s piecemeal approach, which included a…

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Mental Health Provider’s Tarasoff* Duty is Alive and Well in Indiana

By: Robert A. Anderson and Hillary N. Buchler on November 18, 2021

The Indiana Court of Appeals recently held that healthcare providers could be liable for failing to take steps to protect a patient’s grandfather against an imminent danger demonstrated by the patient’s conduct and statements across several trips to the emergency department. In Coplan v. Miller (Ct.…

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Overview of New Federal COVID-19 Vaccination Requirements for Employers (Podcast)

By: Shelley M. Jackson and George C. Lepeniotis on November 17, 2021

Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.

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Dollars to Donuts - Sunshine Audit Review

By: Thomas N. Hutchinson and on November 12, 2021

Although most physicians have heard about the Physician Payments Sunshine Act (the “Sunshine Act”) and have seen reports of the payments physicians have received from reporting drug and medical device companies, few physicians take the time to review or correct their own records. 

Many physicians…

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Is Your ASC Too Cheap?

By: Thomas N. Hutchinson on November 12, 2021

The development and growth of ambulatory surgery centers (“ASCs”) has continued and even accelerated in recent years. Shifts in allowable cases from inpatient to outpatient, temporary closures of hospital outpatient departments because of COVID, and private equity funding have all bolstered this…

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