Articles and Blogs

On October 9, 2019, the Centers for Medicare & Medicaid Services (“CMS”) released a much anticipated proposed rule (“Proposed Rule”) aimed at modernizing and streamlining the Federal Stark Regulations. The Proposed Rule is one component of the Department of Health and Human Services (“HHS”) recently launched “Regulatory Sprint to Coordinated Care” and is intended... READ MORE

On October 9, 2019, the Health and Human Services Office of Inspector General (“OIG”) released a proposed rule pertaining to various Anti-Kickback Statute and Civil Monetary Penalties Law new regulations and modifications (“Proposed Rule”). The Proposed Rule is one component of the Department of Health and Human Services’s (“HHS’s”) recently launched “Regulatory Sprint to... READ MORE

On September 30, 2019, the Centers for Medicare & Medicaid Services (“CMS”) published notice of a proposed survey (“Survey”) of drug acquisition costs for all hospitals participating in the 340B drug discount program (“340B Program”). The Survey would require reporting of acquisition cost data on 340B discounted drugs, referred to as specified covered outpatient... READ MORE

On October 2, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a Texas dental practice (“Practice”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $10,000 and adopting a corrective action plan. A patient of... READ MORE

 NATIONAL CMS discharge rule requires patient, post-acute care data access Why Amazon Care may be the new model for corporate healthcare How CEOs approach their critical choices: 3 insights CMS releases final discharge planning rule that includes record access requirements CMS Rule: Hospitals to Inform Patients of Post-Acute Quality Data CMS unveils new rules... READ MORE

The Eastern District of Texas affirmed the Government’s right to dismiss FCA actions over a whistleblower’s objections. The Court held that the Government may dismiss claims to avoid the costs of extended litigation. The United States Declined to Intervene Health Choice Alliance, LLC filed an FCA action alleging that the defendants defrauded the United... READ MORE

On September 4, 2019, a Florida district court rendered a decision that could pose significant compliance concerns for health care entities engaging in debt collection practices under the name of their billing or financial services department. In Smith v. University Community Hospital, Inc. d/b/a Florida Hospital Carrollwood,[1] the court denied a hospital’s motion for... READ MORE

In last week’s article, which can be found here, we provided an overview of the Certified Community Behavioral Health Center (“CCBHC”) pilot program and described the funding challenges that the program has experienced. We noted that the stakes are high and that Congress seems to recognize as much. So, what does the future hold... READ MORE

NATIONAL The doctor will see you now (no matter what time it is) Pharmacy deserts are a growing problem A look at the different ways in which HIPAA is enforced Amazon Care: 5 things to know about Amazon’s new virtual medical clinic How HHS is innovating data aggregation and visualization to boost pop health... READ MORE

The health care industry is an exceedingly complex and ever-changing arena. Federal and state governments have enacted a multitude of statutes and regulations to protect against perceived fraudulent and abusive behaviors by hospitals and health systems, including the federal Stark Law, the Anti-Kickback Statute and the False Claims Act. To ensure compliance with these... READ MORE