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…
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…
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…
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#
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:
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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…
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…
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…
On November 7, 2019, the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) announced a $1,600,000 civil money penalty for violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security and Breach Notification Rules.
According to HHS, the Texas Health and Human Services Commission (TX HHSC) “operates state…
On October 22, 2019, CMS and OIG (Office of Inspector General) released new proposed rules regarding Stark Law Exceptions and Anti-Kickback Safe Harbors in response to what has universally been christened as the “Regulatory Sprint to Coordinated Care”, first announced by HHS in June of 2018.
As background, please remember that, although the Anti-Kickback Safe…
