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Articles Posted in Health Law

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OFFICE OF INSPECTOR GENERAL OF THE US DEPARTMENT OF HEALTH AND HUMAN SERVICES REJECTS A REQUEST FOR WAIVER OF THE STARK LAW TO PERMIT SLEEP SPECIALISTS TO DISPENSE MEDICARE CPAP TO THEIR PATIENTS

The Office of Inspector General (“OIG“) has refused to grant a request that Boarded Sleep Physicians be permitted to dispense PAP therapy directly to their own Medicare patients. The OIG’s Semiannual Report to Congress for the period April 1, 2012 – September 30, 2012 (the “Report“) issued on November 27,…

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OIG Releases Semi-Annual Report on Recovery Audits and Investigations

Washington, DC – The Department of Health & Human Services (HHS) Office of Inspector General (OIG) today announced expected recoveries of about $6.9 billion from audits and investigations in its semi-annual report to Congress. The report focuses on OIG accomplishments for the second half of FY 2012 (April 1, 2012…

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Government Announces Changes to Medicare Premiums and Deductibles for 2013

The U.S. Department of Health and Human Services recently announced that Medicare Part B premiums (i.e., for physician services, outpatient hospital and durable medical equipment) will rise in 2013 by 5%–to $104.90 a month. The deductible for Part B services will increase from $140 in 2012 to $147 in 2013.…

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Converting to Concierge Medicine: Considerations to Ponder Before Making the Transition

More and more physicians are changing from their traditional office-based medical practices to other models of practice that offer them a better quality of life and/or more stable income. One such model is concierge medicine (also known as boutique or retainer medicine). In this model, the physician limits his patient…

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Abby Pendleton, Esq. and Jessica Gustafson, Esq. Featured in “Putting Practices on the RAC”

Abby Pendleton, Esq. and Jessica Gustafson, Esq. of the HLP were quoted in the November 12, 2012 issue of Physician’s Money Digest in an article titled “Putting Practices on the RAC”. Pendleton and Gustafson were interviewed based on their experience in defending health care provider audits around the country and…

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CMS Revises DME Face-to-Face Requirements

On November 1, 2012, the Centers for Medicare and Medicaid Services (“CMS”) released a final Durable Medical Equipment (“DME”) face-to-face policy. As a pre-condition to payment, the rule requires that a beneficiary receive a face-to-face encounter with a Physician, Physician Assistant (“PA”), Nurse Practitioner (“NP”), or Clinical Nurse Specialist (“CNP”)…

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“Fast-Track Certification” for Medicare-only ACOs in New York State

In accordance with New York State’s recently enacted accountable care organization (“ACO”) law (Article 29-E of the New York Public Health Law), the New York State Department of Health (“DOH”) will begin to process applications for Medicare-only ACOs to obtain certification under the new statute. The so-called “fast-track certification” under…

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Detroit-Area Nurse gets 30-month Prison Sentence for Signing False Medical Documentation for HHA

On November 19, 2012, Anthony Parkman, RN, was sentenced to serve 30 months in prison followed by 3 years of supervised release and ordered to pay approximately $451,000 in restitution after pleading guilty to one count of conspiracy to commit health care fraud. Nurse Parkman was paid to sign medical…

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OIG Cites Shortcomings in Medicare Appeal ALJ Hearings

On November 14, the Office of Inspector General (“OIG”) of the Department of Health and Human Services (“HHS”) issued a report stemming from a review of the Administrative Law Judge (“ALJ”) level of the Medicare appeals system. The study analyzed all ALJ appeals decided in fiscal year 2010 from a…

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ORGANIZATIONS ADVOCATE CHANGE IN MEDICARE PHYSICIAN PAYMENT FORMULA

Last week, AARP, along with five other consumer and professional organizations, sent a letter to leaders in Congress, urging them to protect access to health care for people with Medicare by addressing the flawed Medicare physician payment formula. Without congressional action, a 27.5 percent cut in payments to physicians treating…