Articles and Blogs

On September 3, 2020, the Department of Health and Human Services (“HHS”) announced the details of its $2 billion Provider Relief Fund (“PRF”) performance-based incentive payment distribution to nursing homes. “Nursing homes” refers to skilled nursing facilities (often known as SNFs) for Medicare and nursing facilities (often known as NFs) for Medicaid. This $2... READ MORE

On September 2, 2020, CMS published the delayed Final Rule for the FFY 2021 Inpatient Prospective Payment System (“PPS”). This Final Rule will appear in the Federal Register on September 18, 2020 and will still become effective on October 1, 2020, despite its delays. Payments for inpatient hospital services for hospitals that are EHR... READ MORE

NATIONAL 26 states where COVID-19 is spreading fastest, slowest: Aug. 31 587 hospital CFOs, rev cycle leaders answer: How has the pandemic affected rev cycle? AHA Slams Big Pharma Over Efforts to Limit 340B Drug Discounts CMS delays changes to Stark Law, anti-kickback regulation CMS extends deadline for Stark Law overhaul CMS’ requirement of... READ MORE

On September 1, 2020, the Department of Health and Human Services (“HHS”) announced that assisted living facilities (“ALFs”) may now apply for funds from the Public Health and Social Services Emergency Provider Relief Fund (the “CARES Act Provider Relief Fund”) under the Phase 2 General Distribution. HHS estimates that nearly one million older adults live in... READ MORE

In the early morning of Thursday, August 27, 2020, Hurricane Laura made landfall along the southern coast of Louisiana and Mississippi as a Category 4 storm, causing significant property damage to commercial properties, including health care facilities. As nonprofit hospitals and health systems assess and fix the damage resulting from natural disasters like Hurricane... READ MORE

The United States Court of Appeals, Eleventh Circuit, recently issued an opinion reaffirming the need for counsel in qui tam cases under the False Claims Act (“FCA”). In particular, pro se plaintiffs, or individuals proceeding without attorney representation, filed suit against multiple defendants alleging qui tam claims under the FCA as well as 21... READ MORE

A recent decision by the Seventh Circuit Court of Appeals addressed the sometimes hostile relationship between the government and the whistleblowers it relies on to prosecute False Claims Act (“FCA”) actions. The resulting opinion was twofold: If the government wants to dictate FCA litigation it must intervene in the lawsuit; and The government has... READ MORE

The health care real estate industry has not been immune to the COVID-19 pandemic as evidenced by a lower volume of medical office building sales in the second quarter of 2020. Even so, many current trends in health care real estate existed prior to the COVID-19 outbreak. The outbreak largely amplified, rather than created,... READ MORE

Mergers and acquisitions in the health care industry present unique challenges that may not be present when undertaking similar transactions in other industries. Because of health care’s highly regulated nature, parties may falter if a health care transaction is not reviewed and negotiated carefully with respect to the distinct concerns that health care presents.... READ MORE

NATIONAL 24 hospitals bringing back furloughed employees 9 health system malware, ransomware and phishing incidents this month 7 recent big tech partnerships in healthcare: Amazon, Google & more 2020 Hospital Operating Margins Down 96% Through July ADA comments on proposed changes to FTC Health Breach Notification Rule CDC director walks back new COVID-19 testing... READ MORE