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2018 OMIG Compliance Certification Update

The New York State Office of the Medicaid Inspector General (OMIG) maintains a Certification Program to ensure Medicaid providers are continuing proper compliance. This program works to eliminate any environment in a Medicaid provider’s system that may encourage fraud, waste, or abuse, as well as ensuring errors have the potential…

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Asynchronous Telemedicine: Medicare’s Inevitable Acceptance

The practice of diagnosis and treatment of patients remotely by way of a telecommunications technology, also known as telemedicine, has gained popularity as companies who provide this type of healthcare have recently worked to make a name for themselves. Services such as CareClix, ConsultADoctor, and Teladoc are just a few…

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A Look at How the 2018 Primary Election Results will Affect Healthcare Law

The results of the 2018 primary election have officially been tabulated and the impact that will be made on healthcare law is slowly becoming clear. The most notable healthcare development is in regards to the Affordable Care Act (ACA) that was enacted in March of 2010 under President Obama, the…

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Court Rules Medicare Appeals Backlog to be Eliminated by 2022

On November 1, 2018, the United States District Court for the District of Columbia issued a Memorandum Opinion, ordering the Medicare appeals backlog to be eliminated by FY 2022. Specifically, the court ordered that the Department of Health and Human Services (HHS) achieve the following reductions from the current backlog…

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ROBERT S. IWREY SELECTED AS SUPER LAWYER, AND JESSICA L. GUSTAFSON AND AARON J. BERESH SELECTED AS RISING STARS

The HLP is proud to announce that three HLP attorneys were recognized by Super Lawyers in healthcare for 2018: Robert S. Iwrey, Esq., (Super Lawyer); Jessica Gustafson, Esq. (Super Lawyer Rising Star); and Aaron Beresh, Esq. (Super Lawyer Rising Star). Super Lawyers uses a patented multiphase selection process of vetting…

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CMS Finalizes Rule Requiring Hospitals to Post Standard Charges Online

In the FY 2015 IPPS/LTCH proposed rule (79 FR 28169) and final rule (79 FR 50146), CMS discussed and then implemented Section 2718(e) of the Public Health Service Act, which was enacted as part of the Affordable Care Act. The rule aimed to improve the transparency of hospital charges by…

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HHS Investigating Pharmacies Making Pain Creams for Possible Fraud and Abuse

Medicare officials are investigating pharmacies that sell compounding made-to-order gels, lotions, and creams for possible fraud and patient safety risks.  In general, made to order creams used in pain treatments can dramatically improve a patient’s quality of life, but HHS regulators are concerned for patient safety if these drugs are…

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CMS Revises Documentation Requirements for Inpatient Hospital Admission Orders

On Thursday, August 2, 2018, the Centers for Medicare & Medicaid Services (“CMS”) released its 2019 Inpatient Prospective Payment System and Long-Term Care Hospital Prospective Payment System Final Rule (the “2019 IPPS Final Rule”).[1]   With the goal to reduce unnecessary administrative burden on physicians and other qualified practitioners, the 2019…

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GUIDELINE.GOV NO LONGER AVAILABLE AFTER JULY 16, 2018 – Budget Cuts Result in Deletion of Over 20 Years of Medical Guidelines

The National Guideline Clearinghouse (NGC) website, “guideline.gov,” compiles the latest information on medical treatment for use by healthcare organizations, physicians, bulk purchasers, educational institutions, and state and local governments, while also providing guidance on medications and procedures ranging from miniscule to critical. The NGC contains over 20 years of evidence-based…

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CMS Proposes to Amend or Delete §411.353(g) Special Rule for Certain Arrangements Involving Temporary Noncompliance with Signature Requirements

July 2018- Section 1877 of the Social Security Act, widely known as the physician self-referral law, prohibits a physician from making service referrals payable by Medicare to entities that they may have a financial relationship with. Section 50404 of the Bipartisan Budget Act (“BBA”) of 2018 added provisions to section…