Articles and Blogs

In July 2018, Governor Mike DeWine signed Ohio House Bill 166 into law. Ohio House Bill 166 contained several changes to Ohio’s Change of Operator laws for skilled nursing providers. Changes to Ohio’s Change of Operator (CHOP) Laws Ohio House Bill 166 revised Ohio Revised Code Section 3721.026. Under the new law, if the operation…Read More

The health care industry is an exceedingly complex and ever-changing arena. Federal and state governments have enacted a multitude of statutes and regulations to protect against perceived fraudulent and abusive behaviors by hospitals and health systems, including the federal Stark Law, the Anti-Kickback Statute and the False Claims Act. To ensure compliance with these laws,…Read More

House Passes Temporary DSH Cut Delay, Health Care Extenders On September 19, the House passed a stopgap spending measure (H.R. 4378) in an effort to avoid another government shutdown. The health care extenders included in the measure will run through November 21 as lawmakers continue negotiations on a broader package to fund the government. The…Read More

When it comes to behavioral health, which is hugely important in the current era of the opioid crisis and the renewed—and much needed—focus on expanded access to care, Hall Render knows the territory. For example, a few of our more recent behavioral health articles covered updated guidance issued by SAMHSA (those articles can be found…Read More

On July 11, 2019, the Antitrust Division of the DOJ (“Division”) announced a new initiative aimed at encouraging robust corporate antitrust compliance programs. The Division’s initiative incentivizes compliance programs by establishing that firms charged criminally for antitrust violations will be given credit in charging and sentencing recommendations if they have effective corporate antitrust compliance programs…Read More

CMS was dealt a blow from the D.C. District Court on September 17, 2019 when the court determined the agency’s “site neutral” payment policy in the CY 2019 Outpatient Prospective Payment System (“OPPS”) Final Rule exceeded its statutory authority to adjust payments under the OPPS. Refusing to accept the government’s argument that the plaintiffs were…Read More

The Office of the Inspector General (“OIG”) and Department of Justice (“DOJ”) often release information about compliance settlements under the Anti-Kickback Statute (“AKS”), including both the settlement value and the subject arrangement. The most recent data from 2018 shows several of these settlements arose from real estate arrangements and some involved millions of dollars (almost…Read More

For almost a decade, the Binford Medical-Professional Office Complex, a medical office building and immediate care center located on the northeast side of Indianapolis, Indiana, has sat vacant, creating an eyesore and reminding local residents of the potential health care option that could have been. Once known for its unrealized opportunity, the facility now is…Read More

The Bankruptcy Court for the District of Delaware analyzed whether CMS could suspend payments to a health care organization once the organization seeks bankruptcy court protection. The question centered on whether such payments are considered estate property within the scope of the automatic stay rule, 11 U.S.C. § 362. This case highlights the limits of…Read More