The Centers for Medicare & Medicaid Services recently published a final rule that adds a new Condition of Participation that requires long-term care facilities that choose to arrange for the provision of hospice care with one or more Medicare-certified hospice providers to have in place a written agreement with the hospice that specifies the roles and responsibilities of each entity.
Lisa Pierce Reisz, a partner in the Vorys Columbus office, and Stephanie Angeloni, an associate in the Vorys Akron office, authored an article about HIPAA compliance for the May 13, 2013 edition of Crain’s Cleveland Business.
On April 24, 2013, the Centers for Medicare and Medicaid Services (CMS) issued a Proposed Rule revamping the Medicare Incentive Reward Program (IRP) and providing CMS with greater discretion to deny or revoke enrollment privileges to certain providers and suppliers posing a higher risk of fraud to the Medicare program.
On April 17, 2013, the Office of Inspector General (OIG) of the United States Department of Health and Human Services (HHS) issued a notice completely revising its Provider Self-Disclosure Protocol (SDP). OIG originally published the SDP in 1998 to establish a process for providers to voluntarily identify, investigate, disclose and resolve potential fraud involving federal health care programs.
Jonathan Ishee, of counsel in the Vorys Houston office and a member of the health care group, authored “The Rise of Hospital Outpatient Departments in the Era of Decreased Provider Reimbursement” for the April 2013 edition of the American Health Lawyers Association’s Business Law & Governance publication.
The Centers for Medicare and Medicaid Services (CMS) recently released a final rule on the Physician Payment Sunshine Act. The final rule imposes new reporting requirements on group purchasing organizations (GPO) and manufacturers of drugs, devices, biologicals or medical supplies for which payment is available under Medicare, Medicaid or the Children’s Health Insurance Program.
Evelyn Lundberg Stratton, who prior to joining Vorys served for 16 years on the Ohio Supreme Court, authored an op-ed on the proposed expansion of Ohio’s Medicaid program for the Cleveland Plain Dealer.
G. Ross Bridgman, a partner in the Columbus office and chair of the Vorys health care group, co-authored an article with Scott R. Mote, the executive director of Ohio Lawyers Assistance Program, for the January/February 2013 edition of the American Bar Association's GP Solo.
On January 15, 2013, the Ohio Department of Developmental Disabilities (DODD) issued guidance to intermediate care facilities for individuals with intellectual disabilities (ICF/IID) regarding the state-wide assessments that will be completed by DODD during the first quarter of calendar year 2013.
On January 17, 2013, HHS announced the release of the long-awaited final omnibus HIPAA rule. According to HHS Office for Civil Rights Director Leon Rodriguez, "This final omnibus rule marks the most sweeping changes to the HIPAA Privacy and Security Rules since they were first implemented. ..."
IRS proposed regulations (published December 28, 2012) are a roadmap to the employer pay-or-play penalties going into effect in 2014 under the Patient Protection and Affordable Care Act (the ACA). Employers may rely on the proposed regulations until further guidance or final regulations are published.
The Internal Revenue Service (IRS) has released final regulations on the excise tax imposed on the sale of certain medical devices (the Device Tax) under the Affordable Care Act. The Device Tax will impact the sale of any taxable medical device by the manufacturer, producer, or importer of the device, at a rate of two-point-three percent (2.3%) of the sale price.
The licensure process for intermediate care facilities (ICFs) currently licensed by the Ohio Department of Health (ODH) as nursing homes has recently changed. ICF providers who are currently licensed by the ODH as nursing homes will need to apply for a residential facility license through the Ohio Department of Developmental Disabilities (DODD) by February 1, 2013.
Jonathan Ishee, of counsel in the Vorys Houston office and a member of the health care group, authored “Accountability in Cross-Jurisdictional Telemedicine and Health” for the November 2012 edition of the American Health Lawyers Association’s HIT News.
The Centers for Medicare and Medicaid Services (CMS) has issued two rulemakings aimed at alleviating procedural and administrative burdens on providers in response to the president's Executive Order 13563, Improving Regulation and Regulatory Review.
For the first time in decades, an Ohio agency has issued a statement on the status of the corporate practice of medicine prohibition. On March 15, 2012, the State Medical Board of Ohio (the Medical Board) published a statement unequivocally declaring that Ohio law does not prohibit an Ohio licensed physician from rendering medical services as an employee of a corporation or any other form of business entity.
As we discussed in a prior client alert, the Ohio Certificate of Need (CON) Program was changed to permit some inter-county bed relocations. Historically, Ohio CON law has prohibited relocating long-term care beds across county lines.
Rosemary Welsh, of counsel in the firm’s Cincinnati office, authored an article for the March 2012 edition of the Cincinnati Bar Association’s CBA Report about the new prescription controls that were passed into law by Ohio H.B. 93.