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CMS Takes Another “Shot” at COVID Vaccination Transparency in Nursing Facilities

By: Meghan M. Linvill McNab and Brandon W. Shirley on September 22, 2021

The Centers for Medicare and Medicaid Services (“CMS”) announced a new tool on the CMS Compare website to permit consumers to access each nursing facility’s staff and resident vaccination rates and make informed decisions when choosing a nursing facility. CMS has required certified nursing…

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Hurry Up and Wait: Feds Delay Enforcement of Medical Billing Transparency Requirements

By: Brandon W. Shirley and Grant M. Achenbach on September 7, 2021

The Federal Departments of Labor, Health and Human Services (HHS), and the Treasury recently announced a delay to certain portions of their Interim Final Rules implementing the surprise billing provisions of the No Surprises Act, set to become effective on January 1, 2022. While most of the delays…

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Getting Staff to Report Impaired Physicians May Have Just Become More Difficult

By: Robert A. Anderson on August 31, 2021

In a recent decision, Rebecca J. Denman, M.D. v. St. Vincent Medical Group, Inc., St. Vincent Carmel Hospital, Inc., 20A-PL-1236 (Aug. 18, 2021), the Indiana Court of Appeals upheld a $4.75 million verdict awarded by a Marion County jury to Dr. Rebecca Denman against a charge nurse, St. Vincent…

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What is a “Referral” Under the Anti-Kickback Statute?

By: Andrew W. Breck and Thomas N. Hutchinson on August 31, 2021

Central to the practice of medicine, referrals are an important part of patient care.  Referrals are also a critical component when evaluating whether arrangements between parties violate the Anti-Kickback Statute (“AKS”), which prohibits knowingly or willfully offering, paying, soliciting, or…

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Into the Unknown: A look Into the Uncertain Future of New Surprise Billing Laws (Podcast)

By: Brandon W. Shirley and George C. Lepeniotis on August 21, 2021

In this podcast we'll discuss how State and federal governments are rapidly pushing new medical billing transparency requirements. These new laws are raising many questions about what to expect and how to comply. Krieg DeVault attorneys discuss these new laws and steps that health providers can…

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Rural Emergency Hospital Providers - What We Know and What's to Come

By: Meghan M. Linvill McNab and Thomas N. Hutchinson on August 19, 2021

The Consolidated Appropriations Act of 2021 adds a new rural emergency hospital (“REH”) provider type for Medicare and adds Medicare coverage for REH Services, effective January 1, 2023.

New REH provider type for Medicare: 

  • An REH is a former1 critical access hospital (“CAH”) or rural PPS hospital,…

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Don't Let Expiration of Emergency COVID Waivers Leave You With Unlicensed Members of the Care Team

By: Brandon W. Shirley and Stacy Walton Long on August 11, 2021

Indiana Executive Orders that temporarily authorized certain health care students to practice in Indiana under a temporary license are set to expire on September 30, 2021. Executive Orders (EO 21-17 and EO 21-19) allowed physician assistant students, nursing students, respiratory care practitioner…

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Under New Hospital Cost Transparency Requirements, Is the Cost of Noncompliance Now Too Much?

By: Brandon W. Shirley and Thomas N. Hutchinson on August 11, 2021

The Centers for Medicare and Medicaid Services (“CMS”) is prepared to increase hospital cost transparency penalties for noncompliance established under prior rules beginning January 1, 2022. In a proposed rule published on July 19, 2021, CMS proposed several new requirements that include: 1) basing…

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Indiana’s New Advanced Health Care Directive

By: Rodney S. Retzner, Thomas N. Hutchinson, and Micah J. Nichols on August 10, 2021

On July 1, 2021, Indiana significantly broadened the options for an individual to make health care wishes known through an “Advanced Directive for Health Care Decisions” (an “Advanced Directive”). Senate Enrolled Act No. 204 (“SEA 204”), effective as of July 1, allows individuals to make their…

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Senate Appropriations Committee Votes to Expand Vet Access to Medicinal Cannabis

By: Kendall A. Schnurpel and on August 9, 2021

On Wednesday, August 4, 2021, the Senate Appropriations Committee approved an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (“2022 VA Appropriations Bill”) that would allow doctors with the Department of Veterans Affairs (“VA”) to recommend…

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The Continuation of Long Term Care Provider Waivers

By: Meghan M. Linvill McNab and Thomas N. Hutchinson on August 6, 2021

On July 29, 2021, Governor Holcomb renewed the public health emergency (“PHE”) for another 30-day period, set to expire on August 30, 2021 unless otherwise withdrawn or further renewed. 

The Indiana Department of Health (“IDOH”) has published a series of emergency orders waiving certain requirements…

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Vaccine Verdict: 7th Circuit Declares Indiana University’s Vaccine Mandate Constitutional

By: and Virginia A. Talley on August 6, 2021

The 7th Circuit Court of Appeals (the “Court”) recently issued a unanimous appellate decision in Klassen, et al. v. Trustees of Indiana University, ruling that Indiana University’s (the “University”) COVID-19 vaccine mandate (the “Mandate”) did not violate any constitutional right. The University…

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