Tag Archives: Compliance

CMS Posts Open Payment Data – $7.52 Billion in 2015

CMS published the 2015 Open Payment Data on June 30, 2015.  This is the link to the notice and the CMS site: https://openpaymentsdata.cms.gov/ CMS has presented tables in its press release showing the highest paid specialties and highest paying companies.  Over the last two years, Novartis has paid approximately $842 million to 344,000 recipients, which … Continue Reading

OIG Posts Advisory Opinion on Free Transportation Program

On October 21, 2015 the Department of Health and Human Services Office of Inspector General posted Advisory Opinion No. 15-13.  This Opinion relates to a request for Advisory Opinion about a plan to offer free van shuttle services to certain medical facilities in an integrated health system.  The Office of Inspector General (the “OIG”) concluded … Continue Reading

CMS Proposes New Stark Exceptions: Timeshare Lease

In July 2015, CMS released proposals to provide several new Stark Law exceptions and to clarify issues regarding existing exceptions.  Over the next few days, I will post comment on what I consider the most significant new exceptions and clarifications.  The full text of these proposal and CMS comments and explanations is available at: https://www.federalregister.gov/articles/2015/07/15/2015-16875/medicare-program-revisions-to-payment-policies-under-the-physician-fee-schedule-and-other-revisions … Continue Reading

Do Windows XP Users Risk HIPAA Non-Compliance?

Microsoft recently announced that, after April 8, 2014, it will not longer provide security updates or technical support for Windows XP.  Microsoft’s statement that “businesses that are governed by regulatory obligations such as HIPAA may find that they are no longer able to satisfy compliance requirements” has spurred a certain level of panic among health … Continue Reading

HHS Proposed Rule Affects HIPAA Privacy Rule and Background Check Reporting

The Department of Health and Human Services (HHS) has released a proposed rule that would modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule by allowing health care providers to make certain disclosures to the National Instant Criminal Background Check System (NICS).  The NICS aims to keep guns from being sold to those … Continue Reading

OIG KO’s PODs: Physician Owned Distributorships

The OIG has issued a Special Fraud Alert, dated March 26, 2013, describing specific attributes and practices of Physician Owned Distributorships (PODs) believed to produce substantial fraud and abuse risk and pose dangers to patient safety. PODs are physician owned entities that derive revenue from selling or arranging for the sale of implantable medical devices … Continue Reading

OIG Approves Per Diem Call Pay

OIG Advisory Opinion No. 12-15 has approved an existing arrangement under which a hospital pays physicians a per diem fee for providing on call ER coverage. Under the arrangement, the hospital pays per diem fees to 130 specialty physicians on staff who provide on-call services, including: ·         telephone consultations; ·         in-person consultations, as well as … Continue Reading

Questionable Billing for Medicare Independent Diagnostic Testing Facility Services

EXECUTIVE SUMMARY: QUESTIONABLE BILLING FOR MEDICARE INDEPENDENT DIAGNOSTIC TESTING FACILITY SERVICES OEI-09-09-00380 WHY WE DID THIS STUDY Independent Diagnostic Testing Facilities (IDTF), a type of Medicare provider, offer diagnostic services and are independent of physicians’ offices or hospitals. IDTF services have historically been vulnerable to abuse. In 1997, the Office of Inspector General found that … Continue Reading

OIG HEAT Toolkit for Healthcare Board

The Healthcare Fraud Prevention and Enforcement Action Team (HEAT) and the Office of Inspector General have posted a Toolkit consisting of a series of podcast training videos on the following subjects: ·       How to Use the Exclusions Database ·       How to Report Fraud to the OIG ·       OIG’s Self-Disclosure Protocol ·       Tips for Implementing an … Continue Reading

60 Day Return of Overpayments — You Must Give the Money Back

Section 6402(a) of the Affordable Care Act established a new Section 1123J(d) of the Social Security Act entitled “Reporting and Returning Overpayments.” This new provision requires a person who has received an overpayment to report and return the overpayment, and to provide written notification for the reason of the overpayment. On February 16, 2012, CMS published the … Continue Reading

HHS Announces Intent to Delay ICD-10 Compliance Date

  HHS announces intent to delay ICD-10 compliance date As part of President Obama’s commitment to reducing regulatory burden, Health and Human Services Secretary Kathleen G. Sebelius today announced that HHS will initiate a process to postpone the date by which certain health care entities have to comply with International Classification of Diseases, 10th Edition … Continue Reading

Telemedicine Arrangement Receives OIG Approval

In OIG Advisory Opinion No. 11-12, a nationally ranked tertiary hospital proposes to establish a telemedicine program for neuro-emergency clinical protocols and consultations for stroke victims and to provide this program without cost to existing affiliated community hospitals. Since a key component of the program would be the provision of hardware, software and communications applications (Tele-Stroke … Continue Reading

CMS Proposes Nursing Home Voluntary Disclosure Rules

On July 12, 2010 CMS published the proposed rules to implement the 50% Civil Money Penalty (CMP) reductions for nursing homes that self-report compliance violations. The potential for the 50% reductions was enacted by Section 6111 of the Patient Protection and Affordable Care Act (PPACA), and is available under the following conditions: 1.         The nursing home … Continue Reading

HIPAA Security Rule Guidance for Physicians

Contributed by Lee Kim, Esquire The American Medical Association has posted HIPAA Security Rule guidance for physicians.  It recommends that electronic protected health information ("ePHI") should be encrypted and suggests that AES technology should be used (as a more secure alternative to RSA technology).  Both data at rest (e.g., files which reside on your hard drive … Continue Reading

CMS Mandates Advanced Imaging Accreditation by January 2012

  Section 135(a) of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) amended section 1834(e) of the Social Security Act and required the Secretary to designate organizations to accredit suppliers, including but not limited to physicians, non-physician practitioners and Independent Diagnostic Testing Facilities, that furnish the technical component (TC) of advanced diagnostic … Continue Reading

Changes to EEOC Employment Law Poster

 The Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster. The new workplace notice is for use by employers covered by federal civil rights and anti-discrimination laws. The new poster incorporates the requirements of the Genetic Information Nondiscrimination Act (GINA) and changes made by the Americans with Disabilities Act … Continue Reading

2010 OIG Work Plan: Top 10 Areas of Scrutiny

The following is the Med Law Blog’s Top 10 List for Areas of Interest in the OIG 2010 Work Plan for physicians and providers, which will draw particular scrutiny next year: 1.         Medicare Incentive Payment for E-Prescribing 2.         Practice Expense Components of Diagnostic Imaging 3.         Outpatient Physical Therapy Services by Independent Therapists 4.         Place of … Continue Reading

OIG Seeks Revision of “Incident To Rules”

The Office of Inspector General of the Department of Health and Human Services has just released a report examining problems with incident to billing by physicians, and seeking restrictions on the use of that billing arrangement. The report, titled "Prevalence and Qualifications of Non-Physicians Who Performed Medicare Physician Services" was posed by the OIG on … Continue Reading