Articles and Blogs

Review of the New Home Health Conditions of Participation – Infection Control and Prevention; Skilled Professional Services; and Home Health Aide Services. This is the third article in a series discussing CMS’s Final Revised Home Health Conditions of Participation (“Final CoPs”). With the release of the Final CoPs, CMS is finalizing the significant changes... READ MORE

On December 27, 2016, CVS Pharmacy (“CVS”) filed suit against the Texas Health and Human Services Commission (the “Commission”) in the District Court of Travis County, Texas. The suit claims that regulators at the Commission specifically approved of certain billing practices that the Commission’s Office of Inspector General is now claiming constitute false claims.... READ MORE

On December 21, 2016, Michigan Governor Rick Snyder signed Public Act No. 379 of 2016 that updates provisions of the Michigan Public Health Code (the “Code”) related to the practice of physician assistants (“PAs”). The updated law now allows a PA to practice without the supervision of a delegating physician or podiatrist by entering... READ MORE

Background On January 18, 2017, the United States Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued final regulations (the “Final Rule“) intended to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations at Title 42 of the Code of Federal Regulations, Part... READ MORE

Review of the New Home Health Conditions of Participation – Release of Patient Identifiable OASIS information, Reporting OASIS Information and Comprehensive Assessment of Patients; and Care Planning, Coordination of Services and Quality of Care. This is the second article in a series discussing CMS’s Final Revised Home Health Conditions of Participation (“Final CoPs”). With... READ MORE

Background On January 18, 2017, the Department of Health and Human Services (“HHS”), through the Office of Human Research and Protection (“OHRP”), issued final regulations (the “Final Rule“) implementing significant changes to the Federal Policy for the Protection of Human Subjects (the “Common Rule”). The Final Rule follows HHS’s September 2015 notice of proposed... READ MORE

On January 12, 2017, the Department of Health and Human Services Office of Inspector General (“OIG”) published the “Health Care Programs: Fraud and Abuse; Revisions to the Office of Inspector General’s Exclusion Authorities” Final Rule (“Final Rule”) revising and expanding its authority to exclude individuals and entities from participation in federal health care programs.... READ MORE

On December 20, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published a Final Rule that included several changes to the recently implemented Comprehensive Care for Joint Replacement (“CJR”) program. The CJR Model is a retrospective bundled payment program limited to lower extremity joint replacement (“LEJR”) procedures and is designed to encourage hospitals... READ MORE

Background On December 20, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule (the “Final Rule”)1 creating three new episode payment models (“EPMs”) covering services provided to Medicare beneficiaries admitted to certain Inpatient Prospective Payment System (“IPPS”) hospitals for heart attacks, coronary bypass surgery or surgical treatment of hip or... READ MORE

Review of the New Quality Assessment and Performance Improvement Condition This is the first article in a series discussing CMS’s pre-publication copy of the Final Revised Home Health Conditions of Participation (“Final CoPs”). With the release of the Final CoPs, CMS is finalizing, with only a few changes, the significant changes they proposed to... READ MORE