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Showing 179 posts in Health Care Law.

ENROLLMENT: A NEW ENFORCEMENT TOOL?

December 10, 2014
Posted In Centers for Medicare & Medicaid Services (“CMS”), Health Care Law, Medicare

On December 3, 2014, CMS issued its Final Rule that addresses provider enrollment. These new rules create new tools to police provider enrollment. CMS now has the ability to deny enrollment of providers, suppliers and owners who have been affiliated with an entity that has unpaid Medicare debt. CMS has announced that this provision will help prevent individuals and entities from incurring substantial Medicare debt, leaving the Medicare program, and then re-enrolling as a new business to avoid repayment of the outstanding Medicare debt. CMS has announced that it will only enroll eligible individuals or entities if they repay the debt or enter into a repayment plan. More >

HHS OIG RELEASES FISCAL YEAR 2015 WORK PLAN

November 19, 2014
Posted In Centers for Medicare & Medicaid Services (“CMS”), Health Care Law, Medicaid, Medicare, Office of Inspector General of the United States Department of Health and Human Services (OIG)

Recently, the Office of Inspector General of the United States Department of Health and Human Services (“OIG”) released its Fiscal Year 2015 Work Plan summarizing its oversight and enforcement priorities for the 2015 Fiscal Year. Here are some highlights from the Work Plan. More >

Telehealth/Telemedicine: An Opportunity for Physicians and Providers to Add a New Line of Service

November 18, 2014
Posted In American Telemedicine Association (“ATA”), Centers for Medicare & Medicaid Services (“CMS”), Federation of State Medical Boards (“FSMB”), Health Care Law, Health Information Technology for Economic and Clinical Health Act (HITECH Act), Healthcare Information and Management Systems Society (HIMSS), Hospitals, Kentucky Board of Medical Licensure, Kentucky Medical Practice Act, Medicaid, Medicare, Personal Health Information, Telehealth, Telemedicine

The cost effectiveness of providing health care via telemedicine or telehealth promises to be an effective tool to increase coverage and reimbursement of healthcare provided remotely or through telehealth. Towers Watson, a national consulting company, recently published a 2014 study that suggests that telemedicine could save $6 billion annually for the health care industry. "Achieving this savings requires a shift in patient and physician mindsets, health plan willingness to integrate and reimburse such services, and regulatory support in all states," according to Dr. Allan Khoury, a senior consultant at Towers Watson.[1] Recent studies have assigned significant cost savings generated by telehealth use that include cost savings of $537 million per year for emergency departments using telehealth to reduce transfers and spending reductions of 7.7% to 13.3% per person per quarter in the cost of care for chronically ill Medicare beneficiaries using a health buddy via telehealth. [2] As the cost effectiveness of providing services via telehealth and telemedicine is proven, Medicare, most state Medicaid programs and commercial insurers are increasing coverage as well as reimbursement for telehealth services. State law requirements for providing telehealth and coverage differ greatly. Consequently, physicians and health care providers should be aware of the complexity of providing telehealth and its requirements, but should also incorporate telehealth services into their practices as a new way of providing services and a new line of business. More >

The DOJ Increases Scrutiny of Whistleblower False Claims Act Suits

November 12, 2014
Posted In Criminal Division of the Department of Justice (“DOJ”), False Claims Act, Fraud, Health Care Fraud, Health Care Fraud Prevention and Enforcement Action Team (“HEAT”), Health Care Law, Qui Tam

The Criminal Division of the Department of Justice (“DOJ”) recently announced that it will review all complaints filed under the qui tam provisions of the federal False Claims Act (“FCA”) to determine if a parallel criminal investigation is appropriate. This announcement came during a September 17, 2014 speech by the recently-confirmed Assistant Attorney General for the Criminal Division of the DOJ, Leslie Caldwell, at the Taxpayers Against Fraud Education Fund Conference in Washington D.C. This DOJ announcement signals a departure from prior policy, which allowed, but did not require, the Criminal Division to investigate Civil Division claims. In the past, the decision to open a criminal investigation was left to the discretion of each U.S. Attorney’s Office. More >

Kentucky Rural Health Clinics and FQHC’s/Look- A-Likes with Low Rates—Don’t Overlook this Rate Increase!

November 10, 2014
Posted In Health Care Law, Medicaid, Qualified Health Care Centers (“FQHC”), Rural Health Centers (“RHCs”)

Approved by CMS and effective July 1, 2014, Kentucky’s Medicaid Program may now pay certain Rural Health Clinics (“RHC”), Federally Qualified Health Care Centers (“FQHC”) and Look-a-Likes a higher rate. The Department of Medicaid Services (“Medicaid”) sought approval to pay RHCs, FQHCs and Look-A-Likes that have a low per visit PPS rate at a rate equal to 125% of the Medicare rate.  This means that Kentucky RHCs, FQHCs and Look-A-Likes with low Medicaid rates, just got a raise-- that is if they claim it! While the Medicaid State Health Plan Amendment provides that an “Alternative Payment Methodology” is now available, this really means that clinics with low rates can ask to be paid at a higher rate per visit without qualifying for a change in scope of service.   This increase in rate is supposed to be effective on July 1, 2014, but is based upon the Medicare Upper Payment Limit for RHCs as of September 30, 2014 and the rate as we calculate it is approximately $99.70. Essentially, this means that providers with rates below the $99.70 threshold may elect to be paid under the alternative payment methodology. More >

Changes Proposed for Anti-Kickback Statute

November 7, 2014
Posted In Anti-Kickback Statute, Health Care Law, Medicare, Office of Inspector General of the United States Department of Health and Human Services (OIG)

It has been said before—healthcare is changing. Most often providers must adapt their practices to comply with governing regulations. Sometimes, governing regulations must be revised to adapt to providers practices. And on occasion, governing regulations must be revised to be consistent with other governing regulations. This is one of those occasions. More >

Reclassification of Hydrocodone Takes Effect This Week

October 7, 2014
Posted In APRNs, Dispenser, Health Care Law, Healthcare Regulation, Hydrocodone, Kentucky Pharmacists Association, Prescriber

The U.S. Drug Enforcement Administration (“DEA”) published a Final Rule on August 22, 2014, which elevates hydrocodone-combination products (“HCPs”) to a Schedule II category of drugs under the Controlled Substances Act. That rule becomes effective this week – on October 6, 2014. While some hydrocodone products are already listed as Schedule II, some combination products (such as Vicodin, Norco, and Tussionex) were previously listed on the less-restrictive Schedule III. In determining whether rescheduling was necessary, the DEA considered multiple factors including the potential for abuse, likelihood of dependence, and the threat to public health posed by the drug. More >

The Finalized Meaningful Use Rule – What Providers Need To Know

September 30, 2014
Posted In Centers for Medicare & Medicaid Services (“CMS”), Compliance Programs, EHR Systems, Electronic Health Records (“EHR"), Health Care Law, Meaningful use incentives

The Centers for Medicare and Medicaid Services (“CMS”) finalized a rule (“Final Rule”) on August 29, 2014, giving health care providers a bit more breathing room to comply with the Electronic Health Record (“EHR”) Incentive Program’s (“the Program’s”) meaningful use requirements. The Program began as a way to motivate health care providers to implement EHR systems. Hospitals and health care professionals can qualify through the Program for incentive payments from CMS for the “meaningful use” of certified EHR technology (“CEHRT”). What qualifies as “meaningful use” has been the source of much confusion. The Program is intended to be implemented in three stages, with each stage to be completed within one calendar or fiscal year. More >

The Walmart List: Milk, Eggs, and a Doctor Visit?

September 25, 2014
Posted In Health Care Law, Health Reform, Primary Care Physicians ("PCPs")

By January 2015, Walmart will be operating dozen primary care clinics across the U.S. Six of these have already opened in South Carolina and Texas. Currently, some Walmart stores include acute care clinics that are operated through leases with local hospital operators. The new primary care clinics are distinct from the existing ones in several ways. The new clinics will be fully-owned by Walmart, offer a broader range of services, and be open seven days a week with longer operating hours. Walmart is partnering with QuadMed nationally to operate the clinics, rather than with local partners. The primary care clinics will be staffed primarily by nurse practitioners and medical assistants and will be supervised by a physician. More >

Reminder: Update Your “Grandfathered” HIPAA Business Associate Agreements Now!

September 18, 2014
Posted In Business Associate Agreements, Compliance Programs, Health Care Law, Health Insurance Portability and Accountability Act of 1996 (HIPAA)

In January 2013, the Department of Health and Human Services (“HHS”) published its Final Rule, which significantly increased the privacy and security responsibilities for the “business associates” of “covered entities,” as those terms are defined by HIPAA. A provision within the Final Rule mandated that all covered entities and their business associates revise their business associate agreements to reflect the new responsibilities. Specifically, a business associate must now, among other things: More >

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