Articles and Blogs

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for Promoting…Read More

The Centers for Medicare & Medicaid Services (CMS) released its highly anticipated final rule earlier this summer1 implementing a Medicare Value-Based Purchasing Program (VBP) as required under the Patient Protection and Affordable Care Act (ACA).  VBP is just one of the many initiatives mandated by Congress in an attempt to forge a closer link between…Read More

As Mr. Lyman pointed out last week, the National Labor Relations Board (NLRB) now requires private employers to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  A recent New York Times article on this new requirement discusses an upcoming decision by the NLRB that is expected to address unionization of…Read More

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for Promoting…Read More

CMS recently published a Survey & Certification Memorandum (S&C:11-35-NH) detailing progress in the implementation of Section 6121 of the Affordable Care Act (ACA).  Section 6121 of the ACA mandates enhanced nurse aide training in nursing homes.  The enhanced training focuses on two areas: 1) how to care for residents with dementia, and 2) how to…Read More

The National Labor Relations Board (NLRB) just issued a final rule that will require most private employers, including those that are long-term care providers, to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  The notices must be posted by November 14, 2011.  The text of the notice is available in the…Read More

The US Office of Management and Budget has approved the revised Medicare Provider-Supplier Enrollment Applications, the CMS-855 forms.  These updates to the 2008 versions include multiple changes to comply with enhanced disclosure requirements. Such changes include:  

The proposed agenda for today’s Home Health, Hospice & DME/Quality Open Door Forum is as follows: Hospice wage index final rule published; Hospice CR 7518 with FY 2012 updated rates and cap amount issued; Timeline for Hospice CAP changes; HHCAHPS Updates.  This is scheduled for Wednesday, August 17, 2011 from 2:00pm-3:00pm EST. Resistration for this Open…Read More

On July 29, 2011, CMS issued the following guidance for the use of video cameras in ICFs/MR: To ensure that clients’ rights are protected, the use of video cameras in the ICF/MR must be reviewed, approved and monitored by the Specially Constituted Committee (SCC) of the facility as constituted per 42 CFR 483.440(f)(3)(i-iii).  If approved…Read More