On March 13, 2024, Indiana Gov. Eric Holcomb signed into law Senate Bill No. 9, which requires Indiana healthcare entities and private equity firms to notify the Office of the Indiana Attorney General of qualifying...more
On Feb. 6, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a $4.75 million settlement with New York nonprofit health system Montefiore Medical Center over alleged malicious...more
On Oct. 31, 2023, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced it had settled with Doctors’ Management Services Inc. (DMS) over a self-reported ransomware attack that occurred in...more
On Nov. 1, 2023, the Department of Health and Human Services (HHS), the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator (ONC) issued a proposed rule, the “21st Century Cures Act:...more
In its continued effort to curb fraud and abuse in the hospice industry, on Aug. 22, 2023, the Centers for Medicare & Medicaid Services (CMS) announced it was making unannounced site visits to every Medicare-enrolled hospice...more
Since mid-2022, the macro acquisition environment has faced the challenges of inflation and increasing interest rates, among a variety of other headwinds. Global deal flow is down from its 2021 peak. Yet, as this white paper...more
The Centers for Medicare & Medicaid Services (CMS) proposed new rules intended to strengthen the integrity of the Medicare hospice enrollment process due to CMS’ view of fraud and abuse concerns in the hospice industry....more
The peer review privilege, a critically important but often misunderstood legal protection, shields certain records and proceedings from disclosure outside the peer review process. Healthcare providers engaged in medical...more
On April 17, 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a notice of proposed rulemaking (NPRM) that would modify the Standards for Privacy of Individually Identifiable...more
In 2023, the Department of Health and Human Services (HHS) is expected to finalize proposed modifications to its regulations under the Health Insurance Portability and Accountability Act of 1996, as modified by the Health...more
On April 20, 2023, the Centers for Medicare & Medicaid Services (CMS) announced the release of ownership data for all Medicare-enrolled hospice and home health agencies. This release is consistent with the Department of...more
On Jan. 30, 2023, President Joe Biden announced that the COVID-19 public health emergency (PHE) will end May 11, 2023. Under the PHE, the federal government implemented a range of modifications and waivers impacting Medicare,...more
5/2/2023
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance ,
Infectious Diseases ,
Medicaid ,
Medicare ,
Public Health Emergency ,
Telehealth ,
Telemedicine
In recent weeks, the Centers for Medicare & Medicaid Services (CMS) has been contacting certain Medicare-enrolled providers and suppliers (hereinafter “providers”) to verify that their ownership information, as reported in...more
The Department of Health and Human Services’ Office for Civil Rights (OCR) announced the expiration of its enforcement discretion related to compliance with the Health Insurance Portability and Accountability Act of 1996...more
On July 26, 2022, Judge Jeremy D. Kernodle of the U.S. District Court for the Eastern District of Texas set aside a portion of the interim final rule implementing the No Surprises Act’s (NSA) independent dispute resolution...more
On March 18, the Department of Justice (“DOJ”) and the Connecticut Attorney General announced that a Connecticut eye care practice and its owners had agreed to pay $192,699 to resolve allegations that the practice improperly...more
On Jan. 13, 2022, the U.S. Supreme Court permitted the Centers for Medicare & Medicaid Services (CMS) to enforce its interim final rule requiring many Medicare- and Medicaid-certified providers and suppliers to vaccinate...more
Update (Jan. 15, 2022): After the Jan. 14, 2022, publication of this alert, the Centers for Medicare & Medicaid Services issued updated guidance to State Survey Agency directors providing 30 days (by Feb. 13) for facilities...more
As McGuireWoods noted in a Sept. 10, 2021, alert, in Sept. 20 and Sept. 23 FAQs, and in Sept. 27 and Oct. 18 alerts, President Biden’s “Path Out of the Pandemic” employee COVID-19 vaccination mandates have three main...more
Recoupment has started or will soon begin for Medicare Part A and Part B providers and suppliers who received funds in 2020 under the Medicare Accelerated and Advance Payment (AAP) Program. The Centers for Medicare & Medicaid...more
Healthcare providers and other covered entities are not required by HIPAA regulations to have “bulletproof” protections for safeguarding patient information stored in electronic form, according to a January 14, 2021 decision...more
The Centers for Medicare & Medicaid Services (CMS) recently issued an updated fact sheet and a FAQ page detailing the repayment terms for Medicare Part A providers and Part B suppliers who received payments under its...more
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) reached a settlement for $1,500,000 and entered into a substantial corrective action plan with Athens Orthopedic Clinic (AOC) as a result of AOC’s...more
The government has stepped up efforts to monitor physical therapy billing fraud and recoup overpayments. While the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) have long policed fraudulent...more
On April 26, 2020, the Centers for Medicare & Medicaid Services (CMS) announced it was immediately suspending its advance payment program to Part B suppliers, and re-evaluating the amounts that will be paid to providers under...more