On May 7, 2015, Michigan Senator Mike Kowall (R-White Lake) introduced legislation that would allow hospitals more flexibility in determining the best anesthesia delivery model for their patient’s needs. While certified registered nurse anesthetists (“CRNAs”) provide the anesthesia care during most patient procedures – staying with the patient throughout the…
Health Law Attorney Blog
ABA HEALTH LAW SECTION ANNOUNCES SLATE OF 2015-2016 OFFICERS AND COUNCIL
Congratulations to Founding Shareholder, Adrienne Dresevic, nominated to once again serve on Council for the ABA Health Law Section. Nominations will be voted on by the membership at the Annual Meeting, August 2. http://www.americanbar.org/groups/health_law/news/2015/04/aba_health_law_secti.html
MEDICARE APPEALS BACKLOG: THE AHA CONTINUES TO FIGHT FOR JUDICIAL RELIEF
The AHA has taken its first steps to appeal a lower court’s refusal to intervene to address the significant appeals backlog pending at the ALJ level of appeal. On May 4, 2015, the AHA submitted its Opening Brief to the U.S. Court of Appeals for the D.C. Circuit, alleging that…
Electronic Case Adjudication and Processing Environment (ECAPE) Update
The appeals backlog has taken a toll not only on appellants, but also the Office of Medicare Hearings and Appeals (OMHA), tasked to adjudicate the appeals. The appeals submission and document management processes are overdue for an upgrade in order to keep up with OMHA’s substantial workload. The new system…
Bill To Amend Michigan No-Fault Law Could Substantially Decrease Revenue To Healthcare Industry
On Thursday, April 24, 2015, the Michigan House of Representatives’ Insurance Committee passed a bill to reform Michigan’s No-Fault law and sent it to the House floor for a vote. The bill (SB 248) will have significant negative changes for No-Fault reimbursements for health care providers in Michigan. As currently…
CMS Delays Finalizing Overpayment Regulations; But, Providers Still Must Return Medicare Overpayments Despite The Lack of Regulations
Section 1128J(d) of the Social Security Act (the “Act”) requires providers and suppliers who have received an overpayment from the Federal health care programs to report and return the overpayment within 60 days of identifying the overpayment or by the date any corresponding cost report is due, whichever is later.…
Proposed Bill to Permanently Fix Annual Medicare Physician Reimbursement Crisis
House Speaker John Boehner and Minority Leader Nancy Pelosi announced yesterday that they agreed to advance a bill to permanently fix the payment system for Medicare physicians. Details of the bill have yet to be released, but multiple news agencies are reporting that Boehner and Pelosi agreed to a $210…
A Healthcare Provider’s Guide to Bullying
In an effort to combat and draw attention to the seriousness of Bullying, OCMS partnered with Marlene Seltzer, MD, Director of the Beaumont Children’s Hospital NoBLE Anti-Bullying Program and Rob Iwrey, Esq. (and staff) at The Health Law Partners, P.C., to develop informational materials that would assist physicians in recognizing…
Outpatient “Observation” Battle Continues
On January 22, 2015, in the case of Barrows v. Burwell, No. 3:11-cv-1703, 2015 WL 264727 (2nd Cir., January 22, 2015), the United States Court of Appeals for the Second Circuit ruled that Medicare beneficiaries be granted the opportunity to demonstrate a Constitutionally-protected property interest to challenge their patient status…
MEDICARE CONTINUING TO DISCLOSE PROVIDERS’ DATA
Health care providers across the country are still adapting to the unprecedented disclosure of health care information that is associated with the government’s effort create a more transparent health care system. As many providers recall, in April, 2014, the Centers for Medicare & Medicaid Services (“CMS”), which administers the Medicare…