Articles and Blogs

Hall Render recently hosted a webinar on July 12, Effectively Navigating the Changing Landscape: COVID-19 Vaccination Strategies for Health Care Employers. The following includes a selection of audience questions that our attorneys received during and after the webinar. We made a few additional modifications to avoid duplicate questions and responses and also decided to redact…Read More

On July 23, 2021, CMS published its proposal for changes to its Medicare Part B payment policies for calendar year 2022, including proposed changes for teaching physician billing. In addition, in the same proposed rule, CMS published a proposal to modify the reporting relating to teaching hospitals under the Open Payments system. This article describes…Read More

On April 29, 2021, the U.S. Department of Health and Human Services’s Office of Inspector General (“OIG”) posted Advisory Opinion No. 21-02 (“Advisory Opinion”), a favorable opinion involving an ambulatory surgery center (“ASC”) joint venture and related safe harbors to the Anti-Kickback Statute (“AKS”). This opinion is significant for many reasons, including: It is the…Read More

President Biden recently issued an Executive Order on Promoting Competition in the American Economy (the “Executive Order”). Directed at addressing competition in numerous industries and markets, including the health care and labor markets, the Executive Order includes 72 initiatives directed at more than a dozen federal agencies that will focus on removing barriers to competition…Read More

On July 1, 2021, the Departments of Health and Human Services (“HHS”), Labor and Treasury and the Office of Personnel Management (collectively, the “Departments”) published a much anticipated interim final rule (“IFR”) implementing certain provisions of the No Surprises Act (the “Act”). While the IFR addresses some key aspects of the Act, it does not…Read More

Hall Render recently published articles (see here and here) on OSHA’s Emergency Temporary Standard (“ETS”), which includes requirements that apply specifically to health care employers. Implementation of those standards will involve some or many employees in tasks related to COVID-19 safety at the beginning and end of their shifts, including screening and donning/doffing protective equipment….Read More

CMS recently issued a Stark Advisory Opinion, which may offer additional flexibility for physician practices in growth mode. CMS-AO-2021-01 concerns a group practice’s proposal to furnish designated health services (“DHS”) through two wholly owned subsidiary entities that do not, themselves, qualify as group practices. CMS concluded the proposed structure did not preclude the group practice…Read More

In The Judge Rotenberg Educational Center, Inc. v. United States Food and Drug Administration, the U.S. Court of Appeals for the D.C. Circuit overturned a 2020 Food and Drug Administration (“FDA”) rule banning the use of electrical stimulation devices to treat patients suffering from severe self-injurious and aggressive behaviors. The court concluded the FDA did…Read More