On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis...more
3/7/2025
/ Amicus Briefs ,
Appeals ,
Constitutional Challenges ,
Damage Caps ,
Damages ,
GA Supreme Court ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Jury Trial ,
Litigation Strategies ,
Medical Malpractice ,
Tort Reform ,
Wrongful Death
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-13 (the “Opinion”) to a pharmaceutical manufacturer (the...more
1/24/2025
/ Anti-Kickback Statute ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Fraud ,
Manufacturers ,
Medicaid ,
Medicare ,
OIG ,
Pharmaceutical Industry ,
Physicians ,
Travel Expenses
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-12 (the “Opinion”) to a pharmaceutical manufacturer (the...more
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-11 (the “Opinion”), to a pharmaceutical manufacturer (the...more
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-10 (the “Opinion”) to a dental supplies distributor (the “Requestor”...more
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-09 (the “Opinion”) to a municipal corporation (the “Requestor” or...more
Medicare coverage of telehealth services is reaching a critical point as many pandemic-era flexibilities are set to expire on December 31, 2024. As it stands, after the close of the year, Medicare coverage for telehealth...more
The Biden administration’s controversial Final Rule establishing minimum staffing requirements for nursing homes is under new attack. The Final Rule, long decried by nursing home industry leaders as a one-size-fits-all...more
10/17/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Incentives ,
Labor Shortage ,
Long Term Care Facilities ,
Medicaid ,
Medicare ,
Nurses ,
Nursing Homes
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released an unfavorable advisory opinion, OIG Advisory Opinion No. 24-08 (the “Opinion”), to a Medicare Advantage Organization (“MAO”)....more
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-07 (the “Opinion”), to a nonprofit tax-exempt grant-making...more
In this episode, AGG Healthcare attorneys Lisa Churvis and Alan Horowitz discuss critical aspects of nursing home staffing requirements. Lisa and Alan delve into the implications of recent legislative proposals and regulatory...more
Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five...more
7/23/2024
/ Administrative Agencies ,
Administrative Authority ,
Administrative Procedure Act ,
Affordable Housing ,
Chevron Deference ,
Chevron v NRDC ,
Fair Housing Act (FHA) ,
Government Agencies ,
HUD ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
Statutory Interpretation ,
Urban Planning & Development ,
USDA
Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that, just five years...more
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-02 (the “Opinion”) to a nonprofit organization that provides...more
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-01 (the “Opinion”), to a Medicare Supplemental Health Insurance...more
3/14/2024
/ Anti-Kickback Statute ,
Health Care Providers ,
Health Insurance ,
Healthcare Facilities ,
Hospitals ,
Insurance Industry ,
Medicare ,
Medicare Beneficiaries ,
Medigap ,
OIG ,
Preferred Hospital Networks Arrangement ,
Social Security Act
AGG’s Home Health & Hospice team publishes a quarterly newsletter covering legal and regulatory topics specific to the home and community-based healthcare industry. The fields of end-of-life and home healthcare present...more
A New Jersey hospice provider must continue its long fight against whistleblowers alleging it violated the False Claims Act (“FCA”) by seeking Medicare reimbursement for patients whose documentation did not support hospice...more
The U.S. Centers for Medicare & Medicaid Services (“CMS”), the agency that administers the Medicare hospice benefit, has announced increased scrutiny of hospice programs in the wake of growing concerns over hospice service...more
AGG’s Home Health & Hospice team publishes a quarterly newsletter covering legal and regulatory topics specific to the home and community-based healthcare industry. The fields of end-of-life and home healthcare present...more
Does legislation enacted pursuant to Congress’s Spending Clause power give rise to rights privately enforceable via 42 U.S.C. § 1983? If so, do provisions regarding medication and transfer in the Federal Nursing Home Reform...more
Over the last three decades, the OIG has developed a series of voluntary compliance program guidance documents (“CPGs”) directed at various segments of the healthcare industry, such as hospitals, nursing homes, and hospices....more
Texas Medical Association (“TMA”) and LifeNet Inc. are expanding their fight over the regulations implementing the No Surprises Act (“NSA”). The NSA protects patients from surprise medical bills when they receive...more
The Medicare Payment Advisory Commission (“MedPAC”) will hold a public virtual meeting on December 8, 2022, to assess payment adequacy and updating payments for hospice services. By law, each year MedPAC reviews Medicare’s...more
The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 22-17, analyzing the proposed restructuring of financial relationships...more
The Eleventh Circuit recently clarified the standard for deciding whether a plaintiff has engaged in a protected activity for purposes of successfully pleading a False Claims Act (“FCA”) retaliation claim. In Simon ex rel....more