Articles and Blogs

On June 7, CMS issued a much-anticipated Final Rule addressing the placement of Medicare Advantage patient days within the Medicare DSH calculation. The Final Rule adopts a retroactive policy that will place Medicare Advantage days in the Medicare Fraction of the DSH calculation for discharges before October 1, 2013. The numerator of that fraction... READ MORE

On June 1, 2023, the U.S. Supreme Court in U.S. ex rel. Schutte v. SuperValu, Inc. held that the mental state required by the False Claims Act (“FCA”) refers to the defendant’s actual knowledge and subjective beliefs about the truth of claims for payment submitted to federal payors. This decision overturns the growing body of... READ MORE

On May 31, 2023, the Centers for Medicare & Medicaid Services (“CMS”) released a final rule (“Final Rule”) that withdraws the COVID vaccine requirement for health care workers of Medicare-certified and Medicaid-certified long-term care facilities (“LTC Facilities”). The Final Rule follows through on the May 1, 2023 memorandum released by the Quality, Safety &... READ MORE

NYU Langone announced plans to build a $3B teaching hospital and medical education center on the Nassau Community College campus in Garden City, New York. Mayo Clinic confirmed that it will invest $4B in its Minnesota operations after threatening to move the investment out of state during the state’s legislative session. During the legislative... READ MORE

NATIONAL 9 health systems working with Amazon, Microsoft, Apple 293 hospitals at immediate risk of closure AHA chair-elect participates in CEO roundtable on rural health care crisis AHA report demonstrates benefits of 340B program AHA Urges OCR to Suspend or Amend Online Tracking Guidance AMA and others launch collective call for health equity in... READ MORE

On April 4, 2023, the Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule (“Proposed Rule”) that would update Medicare payment policies and rates for skilled nursing facilities (“SNFs”) under the Skilled Nursing Facility Prospective Payment System (“SNF PPS”) for fiscal year 2024. The Proposed Rule also proposes changes and additions to the SNF... READ MORE

NATIONAL 8 Questions About Proposed Changes to Rural Floor Wage Index AHA, other hospital groups oppose site-neutral legislation before markup AHA urges OCR to finalize HIPAA privacy proposal, suspend online tracking guidance   CMS rule would mandate greater transparency on drug prices CVS, Amazon shutting down their health businesses Envision to layoff 329 employees Expert... READ MORE

The Hospital Association of Rhode Island has raised concern over Providence, RI Mayor Brett Smiley’s push for legislation that would authorize the municipality to tax hospital-owned real estate occupied by any tenant, including nonprofit physician groups affiliated with a nonprofit hospital. Managed care company Centene Corporation has listed a 68-acre, 517,000-sf corporate campus for... READ MORE

In Dental Health Products, Inc. v. Sunshine Cleaning Services, Inc., No. 21-C-1358, 2023 WL 2163495 (E.D. Wis., Feb. 23, 2023), a federal district court in Wisconsin recently dismissed the breach of contract claims brought by a buyer against a seller of medical gloves based upon the terms of the purchase agreement. This ruling reminds contracting... READ MORE

The Equal Employment Opportunity Commission (“EEOC”) recently issued its technical assistance document addressing the questions related to employers’ use of algorithmic or artificial intelligence decision-making tools under Title VII of the Civil Rights Act, 42 USC § 2000e‑2(k)(1)(A)(1) et seq. (“Title VII”). The EEOC’s technical assistance documents are not binding and do not have the force... READ MORE