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Filter By: Antitrust Banking and Commercial Transactions Bankruptcy and Creditors Rights Business and Corporate Law Business Restructuring Commercial and Business Litigation Compensation and Benefits/ERISA Construction Law and Litigation Data Protection, Licensing and Management Environmental Law and Litigation Estate & Trust Administration Estate Planning Fraud & Abuse and Stark General Health Care Labor and Employment Health Law HIPAA and Health Information Systems Immigration Insurance Coverage and Risk Management Internet Content, Data, and IP Protection IP Portfolio Protection and Management Labor and Employment Legal and Professional Responsibility Medical Staff Mergers and Acquisitions Municipal Law Nonprofit and Tax Exemption Patient Care Issues and Risk Management Physician and Practice Management Real Estate Regulatory Compliance School Law Securities Law Tax Toxic Tort Trusts and Estates Section

59 articles returned 1 2 3 4 5 6 Practice Area Title  Date  Health Law Regulatory Compliance   Supervision of Hospital Outpatient Therapeutic Services: CMS's Final Answer? The Center for Medicare and Medicaid Services ("CMS") recently published its 2010 Outpatient Prospective Payment System Final Rule ("Final Rule"). As part of its Final Rule, CMS changed and clarified the direct supervision requirements for hospital outpatient therapeutic services and procedures. The result of these changes is a relaxation of the direct supervision requirements for outpatient therapeutic services and procedures and added flexibility. Nevertheless, the Final Rule still presents challenges for hospitals in meeting the supervision standard. 11/16/09 Health Law Regulatory Compliance   OIG Publishes FY 2010 Work Plan The Office of Inspector General (the "OIG") has released its Fiscal Year 2010 Work Plan (the "2010 Plan"). The 2010 Plan describes the OIG's new and ongoing projects for the 2010 Fiscal Year to carry out its mission of, in part, ensuring the integrity of the Medicare and Medicaid programs. Many of the projects include audits and evaluations of the Center for Medicare and Medicaid Services ("CMS") and provider claims. The 2010 Plan generally addresses areas the OIG believes are prone to abuse or other error. Providers can review the 2010 Plan to develop compliance activities for the upcoming year. 10/12/09 Health Law Patient Care Issues and Risk Management Regulatory Compliance   Who's Supervising Who?: CMS's Newest Take On Supervision Of Incident To Outpatient Therapeutic Services Quality concerns, patient demands and physician staffing all contribute to providers' focus on supervision of mid-level providers (MLPs). Regarding services provided as incident to outpatient therapeutic services, the Center for Medicare and Medicaid Services (CMS) added to the confusion by issuing a "clarification" in the CY 2009 Outpatient Prospective Payment System (OPPS) Rule that tightened supervision requirements for on-campus and in-hospital outpatient departments. Since then, however, CMS has attempted to make this "clarification" more clear with the issuance of its proposed CY 2010 OPPS Rule. This article discusses CMS's proposed rule, with a specific focus on the proposed revisions to the supervision requirements for incident to outpatient therapeutic services. 07/08/09 Fraud & Abuse and Stark Health Law Regulatory Compliance   "Under Arrangements" Under Fire: Stark Rules Set to Become Effective October 1, 2009 New restrictions on per-click and percentage-based leasing arrangements and "under arrangements" provider agreements become effective October 1, 2009. These limitations will significantly diminish the ongoing utility of these models as a vehicle for hospital/physician collaboration. Hospitals and physicians now have four months to restructure or abandon non-compliant arrangements, as existing arrangements will not be grandfathered under the new rules. 06/02/09 Health Law Regulatory Compliance   Quality and Compliance: CMS Attempts To Add To Its Quality-Based Initiatives With the recent election and changes in administration, health care reform continues to be a hot topic. President-Elect Obama has promised to issue an economic recovery blueprint this week, with approximately one-fifth of the package reportedly slotted toward health care. Given this amount of financing, health care reform is a key issue. Senator Max Baucus issued a White Paper last month that sets out reform goals, many of which may be included as part of President-Elect Obama's final health care plan. 12/23/08 Fraud & Abuse and Stark Health Law Regulatory Compliance   Highlights of the OIG Work Plan for Fiscal Year 2009 The Office of Inspector General (the "OIG") has recently released its work plan for 2009. As part of its mission, the OIG audits and reviews programs of the Center for Medicare and Medicaid Services ("CMS"). The OIG's work plan lists and briefly describes projects it intends to begin or continue next year that relate to these programs. The plan focuses, in part, on detecting areas of health care that the OIG believes are prone to fraud and abuse or other error. As such, a review of the plan can help health care providers focus compliance activities for next year. 10/20/08 Health Law Regulatory Compliance   OIG Weighs In On Block Leasing Arrangements With the seeming demise of per-click leasing arrangements between referral sources, attention has shifted to alternative lease structures that achieve legal compliance while also aligning financial incentives between the parties. While the Centers for Medicare and Medicaid Services ("CMS") recently acknowledged the potential availability of "block" leases as such an alternative, the Office of Inspector General ("OIG") has just released an advisory opinion that places clear limitations on such arrangements. Specifically, the OIG concluded that a block lease arrangement (the "Proposed Arrangement") between referral sources could violate the anti-kickback statute in circumstances where the lessee retains the difference between (a) the rental charge under the lease and (b) the reimbursement that the lessee receives for the services provided by the lessee through the use of the leased space and equipment, even assuming that the rental charges were consistent with fair market value. The OIG perceived that the Proposed Arrangement was an improper vehicle for sharing of the profit on the use of the space and equipment. 08/27/08 Health Law Regulatory Compliance   CMS Reverses Course for the EMTALA Obligations of Hospitals With Specialized Care and Eases the Burdens of On-Call Coverage CMS has once again clarified the responsibilities of a Medicare-participating hospital under the Emergency Medical Treatment and Active Labor Act (EMTALA). The final rule, effective October 1, 2008 (the "2009 IPPS Final Rule"), follows additional revisions and guidance adopted by CMS in the past several years and is intended to ease the burden on emergency medical services. 08/19/08 Fraud & Abuse and Stark Health Law Regulatory Compliance   CMS Stands In Your Shoes: More on AMCs and IDS Just when we thought we understood Stark II, Phase III, the Centers for Medicare and Medicaid Services ("CMS") issued proposed changes to significant portions of this rule as part of its Inpatient Prospective Payment System Proposed Rule for Fiscal Year 2009 (the "IPPS Proposed Rule"). In the IPPS Proposed Rule, CMS refines both the physician and DHS entity "stand in the shoes" concepts and makes a number of other Stark-related proposals. Significantly, by including these proposals in annual hospital inpatient hospital regulations, CMS is responding to provider concerns with the Stark law, albeit in a piecemeal manner. CMS seeks comments from providers regarding the following proposed changes. 05/09/08 Fraud & Abuse and Stark Health Law Regulatory Compliance   Stark III: Stand By The Centers for Medicare and Medicaid Services ("CMS") has decided to delay the effective date of the "stand in the shoes" provisions under the Phase III Stark rules. This extension is available only to academic medical centers and "integrated § 501(c)(3) health care systems" as described in the rule. Those organizations and entities will have until December 4, 2008, to comply with Stark III's "stand in the shoes" provisions. All other organizations and entities must comply by December 4, 2007, unless otherwise grandfathered under Stark III. 11/14/07