Healthcare Law Blog

Getting Long-Term Lost with Compliance for Long Term Care? OIG Has A Roadmap

Long Term Care (“LTC”) facilities have been a renewed area of focus for regulators in recent years, due to changes in Medicare and the potential for harm to a vulnerable population at the hands of bad actors. In April of 2019, for instance, the U.S. Department of Health & Human Services Office of Inspector General (“OIG”) put out a Data Brief with the ominous headline, “Trends in Deficiencies at Nursing Homes Show That Improvements Are Needed To Ensure the Health and Safety of Residents.” Unfortunately, this renewed focus exponentially increases the need for a push to instill compliance as a key tenet of a facility’s culture. Luckily, in 2000 and again in 2008, the OIG released a very clear roadmap for compliance that’s still reliable today. We’ll hit some of the highlights. More >

New Kentucky Healthcare Laws Now in Effect – Legislative Developments for Healthcare Practitioners

This article originally appeared in MD Update Magazine #123 in September of 2019.

2019 was a slow year for healthcare-related developments in the Kentucky legislature. Nothing was enacted that was as major – or as controversial – within the healthcare community as 2017’s medical review panels law. A few noteworthy laws take effect this year that might otherwise fly under the radar. More >

Companies—It May Be Time to Reevaluate Your Corporate Compliance Program

In April 2019, the United States Department of Justice (“DOJ”), Criminal Division, issued a guidance document entitled “Evaluation of Corporate Compliance Programs.”[1] This guidance updates standards the DOJ utilizes to investigate, charge, and negotiate criminal charges related to corporate crimes.[2] Although the DOJ recognizes that each company has its own set of unique risks, its investigations often include three common questions in assessing the effectiveness of a company’s corporate compliance program. More >

A Physician’s Guide to Employment Contracts with Hospitals and Health Systems

As hospitals and health systems continue moves toward clinical integration, more physicians are being employed by hospitals and health systems rather than practicing medicine in their own private practices.  The trend toward direct hospital employment of physicians accelerated after 2012 and it appears that the trend will continue as both hospitals and physicians navigate regulatory, reimbursement, and operational challenges in the future.  When considering employment by a hospital or health system, physicians should be mindful of various provisions that are often contained in physician employment agreements and how these provisions may impact the physician’s professional practice and personal life.  Here are important issues to consider when evaluating whether to enter into an employment agreement with a hospital or health system.  More >

The Hard Truth: Treating the Opioid Epidemic Webinar Recap

Click here to watch the video replay of the webinar.

In January of 2019, the National Safety Council released a study with an alarming result: Since 2017, the odds of dying by accidental opioid overdose have exceeded the odds of dying in a car accident. With the opioid crisis raging, the first line of defense may now be healthcare providers, especially rural ones, who treat patients on a daily basis. More >

A New Opportunity: Centers for Medicare and Medicaid Services Recognizes the Full Potential of Ambulance Crews and Services

In mid-February 2019, the Centers for Medicare and Medicaid Services (“CMS”), Innovation Center and the Department for Health and Human Services (“HHS”) announced a ground-breaking payment and medical services initiative for ambulance providers called “Emergency Triage, Treat and Transport” (the “ET3”). This new model is the first step in allowing providers of Emergency Medical Services to finally “take off the gloves” to fully utilize both their medical skills and unique patient knowledge to implement a more efficient and effective care model. More >

Compliance is Crucial

This article appeared in the December edition of MD-UPDATE, available at  http://www.md-update.com/wp-content/uploads/2018/12/MD-Update-Issue-118/#?page=8

In the current legal enforcement environment, it is crucial that healthcare providers prioritize compliance initiatives and programs in order to avoid illegal practices that may result in large financial penalties and both criminal and civil liability.   More >