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Articles Posted in Health Law

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Innovation Awards

This summer the Centers for Medicare & Medicaid Innovation announced 81 Health Care Innovation Awards made pursuant to the Affordable Care Act. Recipients were selected based upon their innovative solutions to addressing problems facing their communities and their ability to “deliver high-quality medical care, enhance the health care workforce, and…

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Drafting Managed Care Contracts: Considerations for Providers

Claudia Hinrichsen, Esq. will be presenting “Drafting Managed Care Contracts: Considerations for Providers”, A live 90- minute CLE webinar/teleconference with interactive Q&A on Thursday, September 6, 2012. For more information on this presentation, please contact Claudia Hinrichsen, Esq. at (516) 492-3390 or visit the HLP Website.

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Public-Private Partnership New Tool in Fight Against Health Care Fraud

On July 26, 2012, Health and Human Services (HHS) Secretary Kathleen Sebelius and Attorney General Eric Holder announced that the federal government and several leading private and state organizations have teamed up to detect and prevent payment of fraudulent health care billings. In the short term, the voluntary partnership will…

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Most Favored Nation Clauses Banned by Michigan Insurance Commissioner

Kevin Clinton, the Michigan Insurance Commissioner, issued an order on July 18, 2012 that bans insurance companies from enforcing most favored nation clauses in health insurance contracts unless they are first submitted to him for approval. The order is effective February 1, 2013. As defined by the order, a most…

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Accountable Care Delivery Systems Proliferate

MEDICARE APPROVES 89 NEW ACOs WHILE NEW YORK STATE AND PRIVATE PAYERS CONTINUE TO ADOPT ACO-RELATED STRATEGIES –Federal Government On July 9th, the U.S. Department of Health and Human Services added 89 new accountable care organizations to its list of entities which have been approved to participate in the Medicare…

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CY 2013 Medicare Physician Fee Schedule Proposed Rule

Proposed changes to policies and payment rates for services paid under the Medicare Physician Fee Schedule (MPFS) for 2013 were released on July 6. The Centers for Medicare & Medicaid Services (CMS) released the proposed rules and the public is free to comment on the changes throughout a 60-day period…

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California Courts Uphold Governor Schwarzenegger’s Interpretation That California State Law Allows CNRAs to Administer Anesthesia Without Physician Supervision

On June 13, 2012, the California Supreme Court unanimously denied review in the case of California Society of Anesthesiologists v. Superior Court, 204 Cal.App.4th 390 (1st Dist. 2012) ending an over two year battle by the California Society of Anesthesiologists and the California Medical Association who challenged former governor Arnold…

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Changes to the Hospice Aggregate Cap Calculation Method

Recently, CMS released a related change request (CR) 7838, which informs Medicare contractors about a new addition to the “Medicare Benefit Policy Manual,” Chapter 9, Section 90, which is titled, “Caps and Limitations on Hospice Payment.” A summary of the key provisions of the new Chapter 9, Section 90 of…

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Medicaid Anti-Fraud Program Spent $102 Million to Find $20 Million in Overpayments

The Government Accountability Office (“GAO”) recently released a Report on the National Medicaid Audit Program (“NMAP”), which found that “private contractors received $102 million to review Medicaid fraud data, yet had only found about $20 million in overpayments since 2008.” In summary, the Report found that compared with initial test…

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In Office DME Arrangements Should be Carefully Reviewed by Legal Counsel

In their June newsletter, The Record, Blue Cross Blue Shield of Michigan (BCBSM) recommended that physicians “consult with their legal counsel periodically.” The problem that BCBSM identified is the situation where physicians prescribe and dispense durable medical equipment and prosthetics and orthotics items in order to provide a means for…