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HHS to Ease Fraud and Abuse Rules Part 1: Proposed Revisions to Existing Anti-Kickback Statute Safe Harbors

As discussed in a previous McGuireWoods alert, on Oct. 9, 2019, the Department of Health and Human Services announced two proposed rules to significantly amend the Physician Self-Referral Law (Stark Law), the federal...more

CMS’s Site-Neutrality Payment Cuts Lose in D.C. District Court

On Sept. 17, 2019, a Washington, D.C. district court judge ruled that the Centers for Medicare & Medicaid Services (CMS) “exceeded its statutory authority when it cut the payment rate for clinic services at off-campus...more

CMS Proposes Welcome Changes to Stark Law Advisory Opinion Process

The Centers for Medicare & Medicaid Services (CMS) recently issued its annual Physician Fee Schedule and Quality Payment Program Proposed Rule for calendar year 2020. Among other things, it addresses potential changes to...more

Washington State to Implement Mandatory Healthcare M&A Reporting

For certain healthcare transactions that will close on or after Jan. 1, 2020, parties to the transaction must now provide advance written notice to the Washington state attorney general (AG) before closing the transaction....more

CMS Proposes Finalizing Payment Cuts for Off-Campus Hospital Clinic Visits

Last year, the Centers for Medicare & Medicaid Services (CMS) implemented a controversial payment cut to certain off-campus provider-based departments (PBDs) for the most commonly billed Outpatient Prospective Payment System...more

CMS Postpones OPPS “Exact Match” Address Requirements Until October 2019

The Centers for Medicare & Medicaid Services (CMS) recently announced it will postpone implementation of the “exact match” validation edits to the hospital outpatient prospective payment system (OPPS) until October 2019. Once...more

Private Equity Investments in Orthopedic Practices: We’ve Got Your Back!

Private equity firms invest in many sectors of the healthcare industry, but until recently, orthopedic practices remained largely untouched. Now — given the high demand for services, increased case movement to outpatient...more

Key Opportunities and Issues in Ophthalmology Investments – Five Takeaways

The next in our series of posts sharing key takeaways from panels at the Healthcare & Life Sciences Private Equity and Lending Conference discusses investing in ophthalmology. It is authored by our colleagues Amanda Roenius...more

Claim Denials Ahead for Some Hospital Outpatient Providers

The Centers for Medicare & Medicaid Services (CMS) recently announced that it would soon deny claims based on a series of validation edits to Medicare enrollment systems. These validation edits will apply to hospital...more

Investor Interest in Orthopedics – 5 Key Points

Orthopedic practices offer a compelling opportunity for private equity investment and are likely to see significant interest from funds in the near future, according to experts who spoke on a panel titled “Investor Interest...more

CMS Implements Survey Process of Home Dialysis Services in Nursing Homes

Effective as of September 16, 2018, the Centers for Medicare and Medicaid Services (“CMS”) implemented a survey process for the provision of home dialysis services in long-term-care facilities (“LTC Facilities” or “Nursing...more

CMS Proposes More Payment Cuts for Hospital Off-Campus Provider-Based Departments

Since the passage of the Bipartisan Budget Act of 2015, certain off-campus provider-based departments (PBDs) have seen their payment rates cut by nearly 60 percent. Now, in its recently released calendar year (CY) 2019...more

Investments in Dental Services Organizations: 5 Key Considerations

The next in our series of posts sharing key takeaways from panels at the Healthcare & Life Sciences Private Equity and Lending Conference focuses on opportunities for investment dental services organizations. Dental...more

Emerging Models in Urgent Care Investments: 5 Key Takeaways

The next in our series of posts sharing key takeaways from panels at the Healthcare & Life Sciences Private Equity and Lending Conference focuses on urgent care investments. Emerging Models in Urgent Care Investments: 5...more

New Medicare Cards to Debut in April 2018

In an effort to “prevent fraud, fight identity theft, and keep taxpayer dollars safe,” the Centers for Medicare and Medicaid Services (CMS) is issuing new Medicare cards to Medicare enrollees beginning in April 2018. This...more

Pleading with Particularity: Sixth Circuit Upholds Stringent Pleading Requirements in FCA Cases

In an effort to avoid transforming the FCA into “an all-purpose antifraud statute,” the Sixth Circuit recently reaffirmed that relators must plead a connection between the alleged fraud and an actual claim made to the...more

2018 Reimbursement Cuts for Some Off-Campus Hospital Provider-Based Departments

On Nov. 2, 2017, the Centers for Medicare and Medicaid Services (CMS) finalized a rule changing reimbursement rates under the Medicare Physician Fee Schedule (MPFS) for certain non-excepted hospital off-campus provider-based...more

Ninth Circuit Denies Arbitration of a Relator’s FCA Claims

On September 11, 2017, in United States and State of Nevada ex rel. Welch v. My Left Foot Children’s Therapy, LLC, the Ninth Circuit held that an arbitration agreement between an employee-relator and her former employer was...more

CMS Proposes Reimbursement Cuts for Certain Hospital Provider-Based Departments

Non-excepted hospital off-campus provider-based departments (PBDs) may once again face cuts to reimbursement during calendar year 2018 (CY 2018) if the Centers for Medicare & Medicaid Services (CMS) finalizes proposed changes...more

Reimbursement Changes for Hospital Off-Campus Provider-Based Departments

Off-campus provider-based departments (PBDs) of hospitals face changes in reimbursement beginning Jan. 1, 2017, the effective date of the Centers for Medicare & Medicaid Services (CMS) outpatient prospective payment system...more

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