The Centers for Medicare & Medicaid Services (CMS) issued an interim final rule requiring COVID-19 vaccinations for workers in most institutional care settings. A copy of the CMS press release can be found at https://www.cms.gov/newsroom/press-releases/biden-harris-administration-issues-emergency-regulation-requiring-covid-19-vaccination-health-care. This rule applies to those facilities subject to CMS regulations. Several facilities are regulated by the CMS, but this does … Continue Reading
Tucker Attorneys Mike Cassidy and Jerry Russo have been named as presenters for the Pennsylvania Bar Institute (PBI) 2022 Health Law Institute. They will be presenting a program entitled “Federal Telehealth Enforcement: Policy Through Prosecution”. Stay tuned for more information on this PBI Health Law Institute program as the date draws nearer.… Continue Reading
Congratulations to Mike Cassidy on his recent appointment as a Member of the Legal Advisory Group of the National Center for Telehealth and eHealth Law (CTeL). Mike will co-present on behalf of CTeL, in a webinar entitled “The Myths about Telehealth–Hear the Facts”, at CTel’s Digital Health Summit in December. Click this link for more … Continue Reading
UPMC’s employment records were hacked by criminals in 2014. A civil class action lawsuit was filed on behalf of approximately 66,000 employees, and criminal cases were filed by federal prosecutors against a number of individuals and 4 have already pled guilty in connection with the hacking of the UPMC human resources data and using some … Continue Reading
In previous Med Law Blog posts, we have featured examples of increased enforcement in the telehealth area, including the recent creation of the National Rapid Response Strike Force, announced by the Department of Justice on September 30, 2020, and OIG Takedowns in the DME and telehealth arenas. Now, the OIG work plan includes at least … Continue Reading
Medical practices are now beginning to encounter Medicare payment claw backs by CMS for COVID Accelerated and Advanced Payments (CAAP) and Department of Justice (DOJ) prosecution for Paycheck Protection Program (PPP) abuses. Please check the following links below for additional information. Justice Department Takes Action Against COVID-19 Fraud: Justice Department Takes Action Against COVID-19 Fraud … Continue Reading
Click here to read the article on the 2021 Medicare Physician Fee changes which appeared in the March 2021 edition of the Allegheny County Medical Society Bulletin. … Continue Reading
The Pennsylvania Department of Health has announced “Amendments to Charge for Medical Records”. Attached is the link for a copy of the notice.… Continue Reading
Recent reports indicate that House and Senate Committee leaders have apparently mutually agreed on a bipartisan arrangement for correcting or preventing surprise medical bills, although legislation has not yet been passed. Attached is an outline of the “No Surprise Act”, which essentially deals with insured patients receiving unexpected bills for medical services. Note that this … Continue Reading
This article written by Michael A. Cassidy and Jerry J. Russo appeared in the October 2020 Issue of the Allegheny County Medical Society Bulletin.… Continue Reading
On September 24, 2020, President Trump issued an Executive Order encouraging Congress to restrict surprise billing and prevent third party payors from denying care to patients with pre-existing conditions. President Trump wants Congress to act prior to the end of the year, but obviously there is not much chance of that happening.… Continue Reading
Mike Cassidy’s article, “Return to practice under the COVID threat” appears in the Bulletin of the Allegheny County Medical Society June edition.… Continue Reading
I. Introduction. The COVID-19 pandemic presents all physicians, but especially private practice physicians, with numerous clinical, liability and business challenges. We have chosen the following categories to organize and present recommended guidance and linked resources for your information: 1. Clinical Guidance 2. Malpractice Liability 3. Reimbursement 4. Employer/Workers Compensation 5. Telehealth II. Clinical Guidance. Many … Continue Reading
Just a few short weeks ago, the Center for Disease Control’s Director of the National Center for Immunization and Respiratory Diseases warned that the spread of coronavirus in the U.S. was “not a question of if, but when.” As of this updated posting, the entire country is locked in an unprecedented grip of uncertainty and … Continue Reading
Just a few short weeks ago, during a press briefing by the Center for Disease Control’s Director of the National Center for Immunization and Respiratory Diseases, the director warned that the spread of coronavirus in the U.S. was “not a question of if, but when.” As of the date of this posting, there are now … Continue Reading
While we are waiting for final disposition of the AKS Safe Harbors and Stark Exceptions proposed in October of 2019, since the comment period expired December 31, 2019 and final rules have not been issued, I thought we should reflect on the comments made and proposed regulations regarding physician compensation. Physicians have become accustomed to … Continue Reading
You can now tell that telemedicine is a mature industry, because it has achieved enough critical mass that the fraud has started and the OIG is beginning to prosecute. There is a lag time between when the cash flow and profit achieves sufficient critical mass to attract the criminals, the OIG identifies the problems, and … Continue Reading
Tucker Arensberg is pleased to be a gold sponsor of the 26th Annual Pennsylvania Bar Institute (PBI) Health Law Institute taking place from March 11–12, 2020 in Philadelphia, PA. Jerry J. Russo, Chair of the White Collar Criminal Defense Group and Kathleen A. Nandan, a former litigator with the U.S. Attorney’s Office in the Eastern District of New … Continue Reading
Click the link to view the 2020 Pennsylvania Medical Record Fees: https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol49/49-49/1816.html# … Continue Reading
A bipartisan group of senators has introduced the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2019. A summary produced by that bipartisan group is attached. If enacted, the CONNECT for Health Act solutions would be as follows: Create a bridge program to help providers transition to the goals … Continue Reading
Click on the link to an article published in the New York Times (12/4, Abelson) reporting the American Hospital Association and other hospital groups filed a lawsuit against the Trump Administration “over a new federal rule that would require them to disclose the discounted prices they give insurers for all sorts of procedures.” The hospital groups … Continue Reading
Attached are links to the CMS Press Release and the Trump Executive Order on Improving Price and Quality Transparency in American Healthcare to Put Patients First. The Trump Executive Order was first issued on June 21, 2019. The CMS Press Release indicates action on two rules. First, the “proposed” transparency and coverage rule would require … Continue Reading
As another part of the Regulatory Sprint to Coordinated Care, OIG proposed revisions to the existing EHR Anti-Kickback Safe Harbor and added a cybersecurity component. The initial EHR Safe Harbor was developed in response to President George W. Bush’s 2004 initiative to extend EHR nationwide within 10 years, i.e. 2014. The proponents of those EHR … Continue Reading
Just a few short weeks ago, the Center for Disease Control’s Director of the National Center for Immunization and Respiratory Diseases warned that the spread of coronavirus in the U.S. was “not a question of if, but when.” As of this updated posting, the entire country is locked in an unprecedented grip of uncertainty and … Continue Reading
