Articles and Blogs

This morning, September 22, 2022, Special Judge Kelsey B. Hanlon, sitting in Monroe County Circuit Court, granted a preliminary injunction against the enforcement of Senate Enrolled Act No. 1 (SB 1) by members of the Medical Licensing Board of Indiana and Prosecutors from Hendricks, Lake, Marion, Monroe, St. Joseph, Tippecanoe and Warrick counties. Notably, the…Read More

The Department of Labor released new consumer price index (“CPI”) data. The CPI rose 8.3% over the past 12 months, down slightly from previous reports. The average household is spending $460 more each month to buy the same basket of goods and services as last year according to a Moody’s expert cited by the Wall…Read More

On September 2, 2022, the Office of the Inspector General (“OIG”) published a study assessing potential Medicare program integrity risks related to the proliferation of telehealth services during the first year of the COVID-19 pandemic. OIG identified 1,714 providers with billing practices deemed “high risk” to the Medicare program. These providers billed approximately 500,000 beneficiaries…Read More

Recently, Simon et al, v. Healthsouth of Sarasota Limited Partnership, et al, the Eleventh Circuit held that for a plaintiff to qualify as engaging in “protected activity,” the plaintiff must demonstrate that they had both a subjectively reasonable belief of fraud and an objectively reasonable belief of fraud. Background The plaintiff in this action was…Read More

Wellstar Atlanta Medical Center made a decision to close its doors effective November 1, 2022. The hospital, which incurred a $107 million loss last year, said it had been battling decreased revenue and increased staff and supply costs. The 460-bed hospital is currently one of two Level 1 Trauma Centers in Atlanta. A Federal Reserve Bank…Read More

On August 18, 2022, the U.S. Department of Homeland Security (“DHS”) issued a notice of proposed rulemaking allowing for optional alternative procedures for the examination of documents required by the Form I-9 Employment Eligibility Verification. Currently, to complete the Form I-9, employers must physically examine documentation presented by new employees within three business days after…Read More

The leading driver of large employer health care costs are cancer, musculoskeletal conditions and cardiovascular disease according to a new survey of large employers across the country. Employers cover 82% of employee health care costs and health insurance costs increased 8.2% last year for large employers. The Economist released its list of the Best Places…Read More

On July 26, 2022, the Centers for Medicaid and Medicare (“CMS”) published the 2023 Hospital Outpatient Prospective Payment System (OOPS) and Ambulatory Surgery Center Payment System Proposed Rule. The proposed rule includes a new exception to the prohibition on physician self-referral (“Stark Law”) and would allow for physicians to have ownership or investment interests in…Read More