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McBrayer Blogs
Showing 179 posts in Health Care Law.
Are U.S. Providers Ready to Catch Up in Medical Coding?
After the bungled introduction of HealthCare.gov, providers are unquestionably leery of other technical health care-related requirements on the horizon. If there is a lesson to be learned in the wake of the Health Exchange debacle, it is this: it is never too early to prepare for change. More >
"Essential Benefits" Will Lead to More Patients for Some Providers
In a 2009 speech to the American Medical Association, President Obama promised, “If you like your health-care plan, you’ll be able to keep your health-care plan, period. No one will take it away, no matter what.” This declaration came as the health care law was being written and similar statements were repeated by the President after the bill became law. More >
New Guidance for Skilled Nursing Facilities’ DNR and CPR Policies
Last year, a Registered Nurse working in an independent living facility refused to initiate CPR on an elderly resident who was experiencing respiratory distress, even as a 911 dispatcher begged her to do so. The 911 call was released, and the story made national headlines. Many condemned the nurse for her actions, but the nurse was simply following the facility’s no-CPR policy. More >
Medicare Physician Fee Schedule Final Rule Issued for CY 2014
The CY 2014 Medicare Physician Fee Schedule (“PFS”) final rule has been issued. The rule, over 1,000 pages in length, determines physician reimbursement for services provided to Medicare beneficiaries. Let’s take a look at just a few of the changes contained therein. More >
Top Ten Health Law Issues for Physicians, Health Systems and Providers in 2014
Change is the one constant that physicians, health systems and other providers face in 2014 as the ACA and its myriad regulations become effective along with increasing review and scrutiny from not just state and federal regulators, but also private companies with state and federal contracts to review and audit claims, cost reports, and billing practices. So, listed below are the top ten areas that physicians and other providers should watch in 2014. More >
The ACA’s Effect on Nonprofit Hospitals
By considering the promotion of health a charitable endeavor, the IRS has long granted nonprofit hospitals tax-exempt status under 501(c)(3), the charitable organization exemption. To maintain their status, nonprofit hospitals have always been required to meet specific requirements, such as having an independent board of trustees or offering preventive health outreach programs in their communities. More >
Controlling Compounding: The Drug Quality and Security Act, Part II
Earlier this week we discussed the new Drug Quality and Security Act (“DQSA”) that establishes and regulates a new class of compounding pharmacies called “outsourcing facilities.” To qualify as an “outsourcing facility”, the entity must compound sterile drugs with or without patient prescriptions and comply with the DQSA’s new rules, including registering with the FDA. An outsourcing facility is not required to be a licensed pharmacy. Registering as an outsourcing facility is completely voluntary, but entities that do not register may be prohibited from compounding drugs for office use and will be required to obtain prescriptions for individual patients. More >
Controlling Compounding: The Drug Quality and Security Act
In October 2012, a fatal meningitis outbreak killed 64 people in the United States and infected more than 750 in 20 states. The outbreak was traced back to contaminated vials of an injectable painkilling steroid that was compounded by the New England Compounding Center (“NECC”). More >
Arbitration and Interlocutory Appeals in Kentucky
Earlier this week, we wrote about the recent Kentucky Court of Appeals case Kindred Healthcare, Inc. v. Cherolis, No. 2012-CA-002074-MR (Ky. Ct. App. Oct. 11, 2013). In Cherolis, the Daviess Circuit Court denied a motion by Kindred to compel arbitration of the claims brought by Cherolis (as Executrix of her mother’s estate). Immediately following the trial court’s ruling on the motion, Kindred appealed to the Kentucky Court of Appeals. More >
Does Ping Still Pack a Punch? Court Says Broader POA Can Sign Arbitration Agreement
Shockwaves rippled through Kentucky’s long-term care communities in 2012 when the Kentucky Supreme Court ruled in Ping v. Beverly Enterprises, Inc. that a power of attorney (POA) for property, financial affairs and health care was insufficient the principal (or her estate) to an optional arbitration agreement.[1] More >
