Showing 50 posts in Regulatory.
Updates from State Bar of Michigan's Health Care Law Section Annual Meeting
Members of the Foster Swift Health Care Law Practice Group attended the Annual Meeting of the State Bar of Michigan's Health Care Law Section on Wednesday, September 21, 2011. A highlight of the day was when Gary McRay was inaugurated to the Health Care Law Section's first Class of Fellows. The Class of Fellows recognizes distinguished practitioners for their professional contributions and dedication to the practice of health care law. McRay was one of only 10 attorneys inducted as a Fellow. Grateful to receive such an honor, McRay expressed that he "would like to thank the State Bar of Michigan for the award" and noted that he was "honored to be included with the other lawyers in the first class of fellows." Read More ›
Categories: Health Care Reform, Regulatory
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4th Circuit Opinions on Health Care Reform Sidestep Issue of Constitutionality
The 4th Circuit Court of Appeals has issued two opinions related to the Patient Protection and Affordable Care Act ("PPACA"), also commonly referred to as Health Care Reform. What is interesting in these two decisions is that the appellate court refrains from ruling on the constitutionality of PPACA. Instead, it does not even address the issue because it found adequate grounds to dismiss both cases based on lack of jurisdiction. Read More ›
Categories: Employment, Health Care Reform, Insurance, Regulatory
Auditing for HIPAA Compliance - It's Coming!
The Department of Health and Human Services ("DHHS") is moving forward with its HIPAA auditing program, which will launch in late 2011 or in 2012. After the audit protocols have been created, they will be field-tested through approximately 20 audits. Once the field tests are completed, up to 150 on-site audits will take place through the end of 2012. It is not clear which types of entities will be selected for audit. It is also not yet clear whether the DHHS Office for Civil Rights ("OCR") will audit only covered entities, or whether business associates will be audited as well. In addition, the OCR has not yet determined whether or how it will publish its audit results. Given the significance of being subject to a HIPAA audit, organizations should take this time to review their policies and procedures for HIPAA privacy and security compliance. Moreover, with the newness of electronic health record ("EHR") systems, those with EHR will especially want to make sure that these systems are compliant. Please contact me at 517.371.8231 or 906.226.5501 if you would like assistance with any review.
Categories: Electronic Health Records, HIPAA, HITECH Act, Regulatory
CMS Discarding Unanswered FOIA Requests
The Centers for Medicare and Medicaid Services ("CMS"), like other federal agencies, generally has 20 days (plus a 10 day extension) to respond to requests for information under the Freedom of Information Act ("FOIA"). However, CMS responses seem to take quite a bit longer.
Last week, I received a response to a FOIA request that I filed with CMS in March of 2010. That's right: 2010. In its response, CMS explained that when it is busy, it utilizes a "first-in, first-out" approach when responding to requests. Read More ›
Categories: Hospitals, Physicians, Regulatory
Exchange Planning In Michigan Health Insurance
The 2010 health reform act, the Patient Protection and Affordable Care Act ("PPACA"), provides for the creation of health insurance "exchanges." Exchanges are programs designed to make it easier for eligible consumers and small businesses to compare and purchase health insurance coverage in a one-stop shopping format. An Exchange is essentially a set of state regulated and standardized private health care plans, from which individuals may purchase health insurance that is eligible for federal subsidies. States choosing to create Exchanges are required to have them up and running by 2014. Read More ›
Categories: Health Care Reform, Health Insurance Exchange, Regulatory
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
New Medicare Screening Requirements for Providers
In conjunction with a step-up in other fraud and abuse enforcement activities, CMS recently announced new screening procedures, which will be applicable to newly enrolling providers and suppliers as well as to providers and suppliers who are currently enrolled in Medicare, Medicaid and CHIP who revalidate their enrollment information. Read More ›
Categories: Fraud & Abuse, Medicare/Medicaid, 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.