Articles and Blogs

A bipartisan bill (H.R. 3776) to correct the disproportionate nature of the penalties a hospital can incur for technical violations of the Stark Law was introduced in the House of Representatives on Monday by Rep. Charles Boustany (R-LA). The measure was drafted with assistance from attorneys at Hall, Render, Killian, Heath and Lyman. Ways and... READ MORE

Executive Summary Under the federal Stark Law, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $385 for calendar year 2014.  The dollar limit for “medical staff incidental benefits” (e.g., meals, parking, other items or incidental services that are used on the hospital’s campus) remains at less than $32 per... READ MORE

Executive Summary On November 15, 2013, the Sixth Circuit Court of Appeals released an unpublished opinion affirming Summary Judgment in favor of St. Mary Mercy Hospital in the case Brintley v. St. Mary Mercy et al. (No. 12-2616).  The court held that Dr. LaCesha Brintley was not an employee of the hospital and therefore had... READ MORE

CMS recently issued Advisory Opinion 2013-03 (“Opinion”), clarifying that a physician-owned hospital may add unlicensed observation beds without violating the limitation on expansion.1    READ MORE

On November 27, 2013, the Centers for Medicare & Medicaid Services (“CMS”) issued the Outpatient Prospective Payment System (“OPPS”) and Ambulatory Surgical Center (“ASC”) Final Rule (“Final Rule”). In this Final Rule, CMS made some significant changes, including implementing a policy to combine outpatient clinic evaluation and management visit codes into one APC and allowing... READ MORE

On November 27, 2013, the Centers for Medicare & Medicaid Services (“CMS”) issued the Physician Fee Schedule (“PFS”) Final Rule for calendar year (“CY”) 2014.  The Final Rule calls for a 20.1% reduction in payments to physicians for services rendered in CY 2014, although Congress may act to avoid this reduction.  Additionally, the Final... READ MORE

On December 5, 2013, CMS issued a Medical Learning Network Letter noting that the deadline for physician-owned hospitals to report ownership and investment information as required by the Affordable Care Act (“ACA”) has been extended to March 1, 2014.  READ MORE

READ MORE

Executive Summary On November 27, 2013, President Obama signed the Drug Quality and Security Act (“Act”) into law.  The Act was introduced primarily in response to longstanding issues highlighted by a deadly fungal meningitis outbreak that occurred last year.  The Act, which is aimed at ensuring providers and patients have access to safe compounded... READ MORE

The OIG recently issued Advisory Opinion 13-15 disapproving of a part-time physician services agreement between an anesthesiologist group and a psychiatry group for the provision of electroconvulsive therapy (“ECT”) procedures at a hospital (the “Proposed Arrangement”).1  The OIG stated that because of an opportunity to generate a fee as a result of a referral, the... READ MORE