Articles and Blogs

Since the first large U.S. health care ransomware demand hit the news in early 2016, attacks have been increasing in visibility and frequency, reaching a claimed 4,000 attacks per day. Ransomware is a kind of malware that infects computer systems, restricting access to systems or to data until a “ransom” is paid to the... READ MORE

The Office for Civil Rights (“OCR”), Department of Health and Human Services (“HHS”), emailed notices to 167 covered entities on July 11, 2016 informing them they were selected for a HIPAA Phase II audit. Health care providers, health plans and health care clearinghouses were randomly selected by OCR from the audit pool. If your organization... READ MORE

In late 2015, the Federal Trade Commission (“FTC”), riding a wave of victories, challenged three separate hospital mergers in Harrisburg, Pennsylvania; Huntington, West Virginia; and Chicago, Illinois (for more information on these challenges, see our previous coverage here). Six months later, the FTC’s winning streak has effectively come to an end after suffering at... READ MORE

On July 6, 2016, the Centers for Medicare & Medicaid Services (“CMS”) issued its much anticipated proposed rule for the CY 2017 Hospital Outpatient Prospective Payment System (“Proposed Rule”). Among many other changes, the Proposed Rule addressed the implementation of Section 603 of the Bipartisan Budget Act of 2015 (“Section 603”), which excludes many... READ MORE

In June, the Department of Health and Human Services Office of the Inspector General (“OIG”) issued a report addressing, in part, the Centers for Medicare & Medicaid Services’ (“CMS”) oversight of provider-based billing. This report was based on OIG’s survey and review of provider-based practices over the last several years. In the report, OIG... READ MORE

On May 24, 2016, the Department of Health and Human Services, through the Agency for Healthcare Research and Quality, issued Guidance Regarding Patient Safety Work Product and Providers’ External Obligation (the “Guidance”). Since the enactment of the Patient Safety Act1 and its implementing regulation, the Patient Safety Rule2, there has been some confusion among... READ MORE

On June 7, 2016, a bill expanding the scope of practice for certified nurse anesthetists (“NAs”) was introduced to the Michigan Senate by Sen. Mike Kowall (R-White Lake). Senate Bill 1019 would amend sections 17210 & 17708 of the Public Health Code (the “Code”). Specifically, the bill would:  Include certain anesthesia and analgesia services in... READ MORE

Wisconsin’s long-standing hospital regulation, DHS 124, will be significantly reformed beginning on July 1, 2016. DHS 124, described in the governor’s 2013 Regulatory Review Report as “outdated, duplicative, and confusing for health care operators,” has been the focus of regulatory reform efforts for more than a decade. Signed into law on April 8, 2014,... READ MORE

On June 8, the Centers for Medicare & Medicaid Services (“CMS”) announced its plan to implement a three-year Medicare pre-claim review demonstration for home health services in the states of Illinois, Florida, Texas, Michigan and Massachusetts (the “Demonstration”). These states were selected based on high incidences of fraud and improper payments for home health... READ MORE

Recently, the Department of Health and Human Services Office of the Inspector General (“OIG”) and the Department of Justice (“DOJ”) released the FY 2015 Health Care Fraud and Abuse Control Program Annual Report (“Annual Report”). The Annual Report details the enforcement actions and the monetary gains from efforts by the OIG and DOJ to... READ MORE