Articles and Blogs

Executive Summary As part of the Immigration Accountability Executive Action issued by President Obama on November 20, 2014 (detailed here), United States Citizenship and Immigration Services (“USCIS”) and the Department of State (“DOS”) announced revised procedures yesterday in determining visa availability for applicants waiting to file for adjustment of status.  The new procedures are intended to more accurately... READ MORE

Executive Summary On August 28, 2015, the Health Resources and Services Administration (“HRSA”) released its long-awaited proposed 340B Drug Pricing Program Omnibus Guidance.  The notice (a copy of which can be found here) proposes to establish guidance addressing a variety of longstanding open questions for covered entities enrolled in, and drug manufacturers participating in,... READ MORE

In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”). With more and more health systems and hospitals contracting out non-core services, this decision could have a far-reaching impact. The NLRA governs labor... READ MORE

Overview The use of telecommunication to complement health care delivery services is growing. Many health systems and providers are interested in developing a telehealth component as part of their offerings. With these expansions, professional licensure portability and practice standards for providers can be a significant challenge due to the conflicting and disparate requirements for... READ MORE

On August 27, 2015, the Health Resources and Services Administration (“HRSA”) released a notice of proposed 340B Drug Pricing Program Omnibus Guidance.  This notice (a copy of which can be found here) proposes to establish long-awaited and significant guidance for covered entities enrolled in, and drug manufacturers participating in, the 340B Program.  Once finalized... READ MORE

Background On August 13, 2015, the Department of Health and Human Services Office of Inspector General (“OIG”) issued a Memorandum Report (the “Report”) that examined the overlap between physician-owned hospitals (“POHs”) and physician-owned distributors (“PODs”) of spinal devices. PODs are medical device distributors whose owners are often physicians that use the devices sold by... READ MORE

Executive Summary Earlier this year, the Department of Health and Human Services (“HHS”) announced significant changes to Medicare by setting quantitative goals for its value-based payment programs. This payment reform is not only accelerating the shift away from fee-for-service toward a value-based system but also driving fundamental changes in how care is delivered. Health... READ MORE

On August 6, CMS published an updated “Place of Service Codes for Professional Claims” that includes a new Place of Service (“POS”) 19 for “Off-Campus Outpatient Hospital” and a revised POS 22 for “On-Campus Outpatient Hospital.” The descriptions are as follows: READ MORE

On July 27, the Senate unanimously approved the Notice of Observation Treatment and Implication for Care Eligibility (“NOTICE”) Act, which was earlier approved unanimously by the House of Representatives in March. The bipartisan legislation will proceed to the President and is expected to be signed into law. The NOTICE Act makes changes to hospital... READ MORE

Executive Summary CMS recently published its CY 2016 Hospital OPPS and ASC Proposed Rule in which it proposes to create a new exception under the 2-Midnight Rule. The 2-Midnight Rule provides that hospital inpatient admissions are generally payable under Medicare Part A if the admitting physician (or other admitting practitioner) expected the patient to... READ MORE