Articles and Blogs

In the March 14, 2017 Federal Register, the Food and Drug Administration (“FDA”) announced that it is considering establishing a new Office of Patient Affairs (“Office”). This consideration results from FDA’s intention to “enhance future patient engagement by providing a more transparent, accessible, and robust experience for patient communities.”1 The Federal Register notice outlined FDA’s…Read More

House Delays AHCA Vote On April 27, House leadership delayed a vote on the American Health Care Act (“AHCA”) until at least next week. As of last night, at least 15 House Republicans remain opposed with another 20 undecided. Without Democratic support, House Republicans can only lose 22 votes. Earlier in the week, a number…Read More

On April 14, 2017, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule addressing several potential changes to the health care delivery system, including physician-owned hospitals (“Proposed Rule”). As a part of this Proposed Rule, CMS is also seeking comment regarding the current restrictions on physician-owned hospitals and how these restrictions affect the…Read More

CMS issued a survey and certification letter, dated April 16, 2017, announcing their intention to publish proposed changes on April 28, 2017 that will require accreditation organizations (“AOs”) (i.e., TJC, DNV, HFAP and CIHQ) to post provider/supplier survey reports and plans of corrections from CMS-approved accreditation programs on their website. CMS is also proposing to…Read More

Ordinarily, CMS will calculate the MIPS final score for a practice group’s physicians on an individual or group basis.[1] However, physicians participating in a “MIPS APM” are subject to a significantly different scoring methodology – the “APM scoring standard.” This article: (1) outlines CMS’s “snapshot” process for determining which physicians CMS will score using the…Read More

AHCA Negotiations Continue Ahead of Lawmakers’ Return to Washington In an effort to produce a victory on health care in President Trump’s first 100 days in office, House Republicans renewed discussions this week on the American Health Care Act (“AHCA”), the bill designed to repeal and replace much of the Affordable Care Act (“ACA”). Moderate…Read More

The Centers for Medicare & Medicaid Services (“CMS”) announced that it will delay enforcement of its final rule (“Final Rule”) requiring physicians and other prescribing health care clinicians to either enroll in or opt out of Medicare in order for the prescriptions they write to be covered by any Medicare Part D prescription drug benefit plan….Read More

Congress Remains Divided on ACA Repeal Bill Although Republican leadership in the House raised the prospect of lawmakers returning early from the current two-week Easter recess to pass the American Health Care Act, it appears Congress will remain out of session until the week of April 24. And, once the House is back in session,…Read More

The Centers for Medicare & Medicaid Services (“CMS”) recently updated its Voluntary Self-Referral Disclosure Protocol (“SRDP”) when it posted a new form to be used as part of the SRDP process (“SRDP Form”). According to CMS, the SRDP Form is an attempt to “streamline and simplify” the SRDP process. CMS originally proposed the new SRDP Form…Read More

This is the final article in a series covering the behavioral health sections of the 21st Century Cures Act (the “Cures Act”), which was signed into law on December 13, 2016. The articles in our series are located here.  As with many of the behavioral health sections of the Cures Act, Title XIV also provides for new…Read More