Articles and Blogs

SUMMARY On June 24, 2011, the United States Court of Appeals for the District of Columbia released a decision in Auburn Regional Medical Center v. Sebelius.  The decision reversed an unfavorable district court decision ruling that statutory deadlines to file appeals with the Provider Reimbursement Review Board (PRRB) were not subject to the doctrine of…Read More

Late last week, a wide-ranging initiative to update federal human research protection regulations was announced by the U.S. Department of Health and Human Services (HHS) and the White House Office for Science & Technology Policy (OSTP) through issuance of an Advance Notice of Proposed Rulemaking (ANPRM), which aims to catch the regulations up to technological…Read More

As record-breaking temperatures scorch the Midwest, long-term care providers are reminded to evaluate their emergency preparation plans. Proper planning can mitigate a situation from a potential disaster to a mere inconvenience. CMS provides a checklist, Emergency Preparedness for Every Emergency, for providers to use to evaluate their current emergency plans. Federal regulations at 42 CFR…Read More

On May 4, 2011, we issued a bulletin alerting hospital clients that the Office of Inspector General (“OIG”) Office of Audit Services was in the process of sending numerous Contact Letters to hospitals across the country in an effort to verify their levels of compliance with Medicare billing requirements.  As part of this audit, the…Read More

Recently, the Office of Inspector General (“OIG”) published a report of its findings pertaining to the nearly 70% growth of Medicare spending for hospice care provided to nursing facility (“NF”) residents from 2005 – 2009.  During that time, Medicare spending on hospice care for residents in NFs increased sixty-nine percent (69%) from $2.55 billion to $4.31…Read More

On July 5, 2011, the Department of Defense (“DoD”) published a Proposed Rule (“Proposed Rule”) notifying the public of DoD’s pending implementation of a revised TRICARE payment methodology for Sole Community Hospital (“SCH”) inpatients.  This revised payment methodology is an important development since, once it is fully phased in, it will likely result in a…Read More

Effective August 1, 2011, the Centers for Medicare & Medicaid Services (CMS) is implementing two (2) significant changes affecting skilled nursing facilities (SNFs) and hospital swing-bed providers billing for Part A claims.  The changes include the following: 1.         Any Part A claim reporting an End of Therapy Other Medicare Required Assessment must include Occurrence Code…Read More

The Wisconsin State Assembly recently passed a bill allowing Wisconsin residents to carry concealed weapons anywhere in the state, except as prohibited by statute or under certain other limited circumstances.  In order to lawfully carry a concealed weapon, residents must apply and be deemed eligible for a license.  A weapon, for purposes of this law, means…Read More

In February, the Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) shed additional light on their proposed rule that changes how lease agreements are treated for accounting purposes. The proposed rule, originally published in an exposure draft on August 17, 2010, treated all lease agreements as capital lease agreements for accounting purposes. The proposed rule…Read More

On July 7, 2011, the Treasury Department and the Internal Revenue Service (“IRS”) released Notice 2011-52 (“Notice”) to address the community health needs assessment (“CHNA”) requirements described in section 501(r)(3) of the Internal Revenue Code (the “Code”). These CHNA requirements apply to hospital organizations that are, or seek to be, recognized as tax-exempt under Code…Read More