Articles and Blogs

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

Michigan’s Department of Community Health will enforce Michigan’s Medicaid Asset Recovery Act (MCL Sec. 400.112g) with efforts starting July 1, 2011.  Michigan may file claims in the probate estates of individuals age 55 or older who received Medicaid benefits that paid for long term care services after September 30, 2007.   Michigan’s claim would seek reimbursement…Read More

The Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, announced on July 7, 2011 revisions to the Hart-Scott-Rodino Premerger Notification Rules.1 The new Rules expand the categories of documents to be produced, delete certain data requests and make several ministerial changes, all in an effort to focus the…Read More

Effective July 2011, the Centers for Medicare & Medicaid Services (CMS) adopted a revised Medicare Enrollment Application – Institutional Providers CMS-855A (CMS-855A).  Some of the more significant changes include a couple of additonal documentation requirements, significant changes to the ownership disclosure requirements, and an attachment for Physician-Owned Hospitals. The CMS-855A has been significantly reformatted which should…Read More

When the new hospice Conditions of Participation (CoPs) became effective in Decmeber of 2008 there was a provision in the CoPs stating a hospice must have an agreement with a nursing home if the hospice provides services in the nursing home.  While it was a standard business practice for hospices to have agreements with nursing homes prior to…Read More

Effective July 2011, the Centers for Medicare & Medicaid Services (CMS) adopted a revised Medicare Enrollment Application – Institutional Providers CMS-855A (CMS-855A). Some of the more significant changes are set forth below in italicized text: Formerly, page 1 of the CMS-855A stated, “WHO SHOULD SUBMIT THIS APPLICATION”; the revised CMS-855A states, “WHO SHOULD COMPLETE THIS APPLICATION.”Additional instructions…Read More