Articles and Blogs

On June 16, 2016, the United States Supreme Court issued its decision in Universal Health Services, Inc. v. United States ex rel. Escobar, a False Claims Act (“FCA”) case reviewing the theory of implied certification, which was subject to a circuit court split. In the opinion, the Court upheld the viability of the implied... READ MORE

On January 1, 2016, the new Stark Law “timeshare license” exception became law. We reported on the proposed rule here and the final rule here. Initially, the exception received somewhat mixed reviews, which resulted in some hesitancy to employ it. Now that the dust has settled, we believe that the exception presents significant advantages... READ MORE

On May 13, 2016, the Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) issued a final rule (“Final Rule”) implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). A copy of the Final Rule is available here. The rule is scheduled to become effective on... READ MORE

On June 10, 2016, CMS released a final rule regarding the Medicare Shared Savings Program (“MSSP”).  The rule modifies MSSP’s benchmarking methodology, including, for MSSP ACOs commencing their second or subsequent agreement period in 2017 or thereafter, the use of regional factors in resetting benchmarks.  The rule also provides a new option for MSSP... READ MORE

In a troubling split decision issued on March 22, 2016, a three-judge panel of the Sixth Circuit reversed the ruling by the district court for the Southern District of Ohio at Dayton in The Medical Center at Elizabeth Place, LLC v. Atrium Health System, et al. and remanded the case back to the district... READ MORE

On May 13, 2016, the Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) issued a final rule (“Final Rule”) implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). A copy of the Final Rule is available here. The rule is scheduled to become effective on July... READ MORE

In the May 2016 edition of Perspectives, The Joint Commission announced the end of its ban on sending patient care orders by text message effective immediately for all accreditation programs. In 2011, The Joint Commission published a set of Frequently Asked Questions (“FAQs”) prohibiting physicians or licensed independent practitioners from texting orders for patient... READ MORE

Recent updates to the Health Resources and Services Administration’s (“HRSA”) regulatory agenda indicate that HRSA has delayed the much anticipated release of its final 340B Program Omnibus Guidance (also referred to as the “mega-guidance”) to the end of 2016. HRSA has also delayed publication of a final 340B manufacturer civil monetary penalty rule and... READ MORE

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE

On May 9, 2016, the Department of Health and Human Services Office of Inspector General (“OIG”) posted Advisory Opinion 16-06, addressing a proposed arrangement whereby a health system (“Health System”) would wholly own the requesting group purchasing organization (“GPO”), as well as approximately one percent of the GPO’s members (“Proposed Arrangement”). OIG concluded that the... READ MORE