Showing 48 posts in Compliance.
Top 10 Health Care Law Topics for 2012 Revealed
The current issue of AHLA Connections, which is published by the American Health Lawyers Association (AHLA), features a list of the top ten issues affecting the health law field in 2012. The AHLA Connections “hot topic” list includes issues that our clients are raising with us. We have covered several of these topics in previous newsletters and blogs and we plan to discuss more in the upcoming months.
Here is the AHLA’s top-ten list: Read More ›
Categories: Compliance, Health Care Reform, Health Insurance Exchange, Regulatory
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Recap from the Health Law Institute
On March 8 and 9, 2012, the members of Foster Swift's Health Care Law Group attended the 18th Annual Health Law Institute. This two-day institute, which is co-sponsored by the Institute for Continuing Legal Education and the Health Care Law Section of the Michigan State Bar, focused on recent legal developments in health care law. Specific topics addressed at this year's Health Law Institute included: Read More ›
Categories: Compliance, Fraud & Abuse, Regulatory
OIG Alert – Physicians May Be Liable for False Claims Submitted by Entities Receiving Reassigned Medicare Payments
The Office of Inspector General ("OIG") for the Department of Health and Human Services recently issued an alert, which warned that “physicians who reassign their right to bill the Medicare program and receive Medicare payments by executing the CMS-855R application may be liable for false claims submitted by entities to which they reassigned their Medicare benefits.” The OIG stressed that physicians remain liable for claims submitted using their provider numbers, even when the claims for services are submitted by another party under a contractual arrangement. The potential for liability also exists for other types of practitioners who enter into reassignment agreements. Read More ›
Categories: Billing/Payment, Compliance, Employment, Fraud & Abuse, Medicare/Medicaid, Physicians
Physicians and other Health Professionals may be held Liable for Discrimination in Choosing Patients
In a recent decision, the Michigan Court of Appeals held that a physician can be liable for discrimination under Michigan law for refusing to provide artificial insemination services to a single woman. Moon v Michigan Reproductive & IVF Center, PC.
A woman contacted a physician at a clinic about in vitro fertilization services. When the physician learned that the woman was single, he advised her that the clinic did not offer insemination services to single women. Afterwards, the woman sued the clinic for discrimination based on marital status. Read More ›
Categories: Compliance, Hospitals, Physicians
Nursing Home Update - 50% Reduction in Civil Money Penalties
The Centers for Medicare and Medicaid Service's (CMS) recently published Final Rule related to Civil Money Penalties for Nursing Homes implements provisions of the Patient Protection and Affordable Care Act related to the nursing home enforcement process. Read More ›
Categories: Compliance, Regulatory
Healthcare Providers Need to Review Contracts to Determine Federal Contractor Status
The Office of Federal Contracts Compliance Programs ("OFCCP"), a branch of the Department of Labor, has targeted the healthcare industry for increased enforcement with regard to affirmative action. The OFCCP issued, though not publically, a December 16, 2010 directive which affirmed its position that merely receiving reimbursement from most Medicare programs or federal grants is not enough to create federal contractor status (which requires compliance with affirmative action). The OFCCP directive stated, however, that the following do establish federal contractor status: direct contracts between health care providers and TRICARE (the Department of Defense health care program for active and retired military members), Federal Employees Health Benefit Plan ("FEHBP"), or Medicare Advantage or Part D programs. Read More ›
Categories: Compliance, Regulatory
New Long Term Care Regulations Impose Requirements for Provider Contracts
The Centers for Medicare & Medicaid Services ("CMS") has recently proposed the much anticipated Long Term Care regulations related to Hospice Services. These proposed rules mirror the hospice regulations that went into effect on December 2, 2008, and establish requirements that facilities must meet in order to qualify to participate in the Medicare and Medicaid programs. Specifically, the proposed rules obligate Long Term Care facilities to (1) enter into an agreement with a Medicare-certified hospice to arrange for the provision of hospice services to residents, or (2) assist in transferring residents to a facility that will arrange for the provision of hospice services when requested by the residents. If an arrangement between a Long Term Care facility and Hospice is established, CMS has also strictly regulated the content of the agreements between the two. Traditionally, the content of such agreements receives significant attention and scrutiny from surveyors.
If you would like assistance in drafting new agreements or reviewing your current contracts to ensure compliance with the proposed rules, please contact one of the experts in Foster Swift's Health Care Practice Group.
Categories: Compliance, Regulatory
Red Flags Program Clarification Act of 2010 Passed to Exempt Healthcare Providers from Red Flags Rule
The Red Flags Rule requires "creditors" to address the risk of identity theft by implementing and updating identity theft programs that identify, detect, and respond to potential identity theft problems. While the definition of "creditor" under the Red Flags Rule was previously broad enough to include healthcare providers, the recently passed Red Flag Program Clarification Act of 2010 (the "Act") narrowed the definition of "creditor" to include only entities that use consumer reports or furnish information to consumer reporting agencies or to others who extend credit.
The Act, therefore, exempts doctors, dentists, orthodontists, pharmacists, nurse practitioners, and other healthcare providers from the Red Flags Rule. This is timely news as compliance with the Red Flags Rule is set to begin on December 31, 2010.
Categories: Compliance, Regulatory
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Best Lawyers® 2021
Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.