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Articles Posted in Health Law

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OIG Issues June 2013 Recovery Oversight Monthly Report

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) has issued its monthly Recovery Act Oversight report for June 2013. The report revealed that in June 2013, $16,937,121 of Recovery Act funds were used on Recovery Act activities. The report further indicated that to date in…

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Congressional Bill Introduced to Close the In-Office Ancillary Services Exception under the Stark Law

On Thursday, August 1, 2013, Congresswoman Jackie Speier (D-CA-14) introduced the “Promoting Integrity in Medicare Act of 2013 (PIMA) in the United States House of Representatives. As the law stands, Stark Law prohibits physicians from referring Medicare patients for certain health care services in which they have a financial interest.…

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OIG Reports Cancelled Elective Surgeries Cost Medicare $38.2 Million in 2009 and 2010

On August 5, 2013, the Department of Health and Human Services Office of Inspector General (OIG) released a report stating that Medicare received an estimated $38.2 million in prospective Part A inpatient hospital payments in calendar years 2009 and 2010 for short-stay, canceled elective surgery admissions that were not reasonable…

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New Inpatient Admission Requirements, Part B Inpatient Rebilling Policy Finalized

On August 2, 2013, the Centers for Medicare & Medicaid Services (“CMS”) issued its highly anticipated 2014 inpatient prospective payment system (“IPPS”) Final Rule (the “Final Rule”). Within this Final Rule, CMS finalized (1) its new requirements for Medicare Part A coverage of inpatient hospital admissions; and (2) its Part…

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OIG Considers Inpatient Short Stay and Observation Claims in Latest Report

On July 29, 2013, the Department of Health and Human Services Office of Inspector General released a memorandum report titled Hospitals’ Use of Observation Stays and Short Inpatient Stays for Medicare Beneficiaries. The report was conducted in response to CMS and others who have raised concerns about hospitals’ use of…

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Beth Israel Deaconess Agrees to $5.3 Million Settlement for Medicare Fraud Allegations

On Monday, July 29, 2013, United States Attorney Carmen M. Ortiz and Susan J. Waddell, Special Agent in Charge of the Department of Health & Human Services, Office of Inspector General, announced that Beth Israel Deaconess Medical Center (BIDMC) has agreed to pay $5.3 million to the federal government to…

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OIG Issues Advisory Opinion 13-07

On June 24, 2013, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released Advisory opinion 13-07 regarding a proposed rebate program. The OIG ruled that the proposed arrangement would not generate prohibited remuneration under the Anti-Kickback Statute (“AKS”) because it qualified for safe harbor protection…

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WellPoint Security Breach Leads to $1.7 Million HIPAA Penalty

Due to violations of the privacy and security rules under HIPAA, WellPoint has agreed to pay a $1.7 million penalty to the United States Department of Health and Human Services (HHS). Between October 2009 and March 2010, personal information including names, dates of birth, addresses, Social Security numbers, telephone numbers,…

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Proposed CY 2014 Physician Fee Schedule Impacts Telehealth Services

Yesterday, CMS released a pre-publication proposed rule, Revisions to Payment Policies under the Physician Fee Schedule, Clinical Laboratory Fee Schedule and Other Revisions to Part B for CY 2014 (2013-16547) (the “Proposed Rule”). Among other topics of interest, including proposed revisions to the EHR Incentive Program, the Proposed Rule contained…

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CMS Announces Appeals Manual Update

The Centers for Medicare & Medicaid Services (CMS) has updated the Appeals of Claims Decisions chapter of the Medicare Claims Processing Manual. The changes will be effective beginning July 23, 2013. The updates were enacted to ensure consistency with provisions of the Final Rule issued December 9, 2009, to improve…