In furtherance of the National Cybersecurity Strategy announced March 2023, HHS has released an Introduction to the Strategy of the U.S. Department of Health and Human Services for Healthcare Sector Cybersecurity. Click here for the PDF.
False Claims Act (FCA) Liability for Physician Compensation Exceeding Fair Market Value (FMV)
When negotiating physician compensation issues, hospitals frequently rely upon the premise they must pay fair market value compensation in order to comply with the provisions of the Stark Act prohibiting referrals in exchange for compensation, and sometimes non-profit inurement issues.
Although the prohibitions are clear, determining what constitutes fair market value is often not. Provisions…
2024 Medicare Physician Fee Schedule
CMS issued the Final Rule for the 2024 Medicare Physician Fee Schedule (PFS) on November 2, 2023, for payments to be effective on or after January 1, 2024.
The overall payment rates under the PFS will be reduced by 1.25% in calendar year 2024.
The final PFS conversion factor will be $32.74…
Biden Administration to Appeal Surprise Billing Defeat
As reported earlier in the MedLaw Blog (August 9, 2023), a federal District Court vacated portions of the No Surprises Act federal regulations. Thereafter, CMS halted the arbitration process for resolving disputes regarding out-of-network surprise bills.
On October 20, 2023, HHS, Treasury, and the US Office Personnel Management submitted a notice indicating their…
FTC Sues Anesthesiology Provider and PE Firm Over Anticompetitive “Roll Up” Scheme
As Mike Cassidy and Adam Appleberry discussed during their presentation at PBI’s A Day in Health Law earlier this month, private equity’s involvement in healthcare will be an interesting item to watch over the next few years. Just last week, the FTC sued the U.S. Anesthesia Partners, Inc. and their private equity backer Welsh, Carson…
Allegheny County Medical Society Bulleting Article on Contracting Essentials for all Physicians, Especially Residents and Fellows
Michael A. Cassidy and Adam J. Appleberry co-wrote an article titled “Contracting Essentials for All Physicians, Especially Residents and Fellows”. This article will appear in the Legal Summary section of the August 2023 Allegheny County Medical Society (ACMS) Bulletin. The ACMS Bulletin is the Allegheny County Medical Society’s signature publication which reaches over 2,000 physicians…
Cassidy Named in 2024 Best Lawyers in America
Michael Cassidy has been recognized again in the 30th edition of the Best Lawyers in America for his “exceptional work in healthcare law”.
CMS Halts “No Surprises Act” Arbitration
CMS has halted the arbitration process for “Surprise Billing” established by the “No Surprises Act” for the second time, stating as follows:
UNPLANNED OUTAGE
“On August 3, 2023, the U.S. District Court for the Eastern District of Texas issued a judgment and order in Texas Medical Association, et al. v. United States Department of Health…
2024 Medicare Physician Fee Schedule
- An additional add-on code (G2211) to existing evaluation and management visits for complex patients to better recognize the resource costs
- A delay
Private Equity: Investigation and Enforcement
Since the private equity issue was last addressed in the Bulletin in the Summer of 2022, the volume of healthcare private equity deals has subsided somewhat, according to statistics presented at the March 2023 Pennsylvania Bar Institute Health Law Conference, and that has generally been attributed to unfavorable market conditions affecting investments of all types. …