Michigan recently enacted legislation intended to protect consumers from surprise medical billing. The legislation amends Michigan’s public health code (PHC) by adding Article 18, which establishes disclosure requirements and limitations on payments for out-of-network providers (i.e., providers that do not participate in a patient’s health benefit plan) in certain circumstances.…
Health Law Attorney Blog
How to Obtain Medicaid Enrollment Anniversary Date for New York OMIG and DRA Certification Requirements
This blog serves as an update to our previous blog, entitled “Update to New York OMIG and DRA Certification Requirements,” posted on November 10, 2020. The previous blog may be accessed here. By way of brief background, the New York State Department of Health (NYSDOH) announced in its October 2020…
New York Law Requires Physicians to Immediately Post OPMC Signage
On October 7, 2020, New York Governor Cuomo signed into law a new requirement that “all physicians’ practice settings” must post conspicuous signage directing patients to the New York Office for Professional Medical Conduct’s (OPMC) website for information about patient rights and reporting professional misconduct. In particular, New York Public…
Update to New York OMIG and DRA Certification Requirements
The New York State Department of Health (NYSDOH), in its October 2020 Medicaid Update (published last week on November 2, 2020), announced that the annual December certifications (i.e., the Office of the Medicaid Inspector General (OMIG) and Deficit Reduction Act (DRA) certifications (commonly referred to as the SSL Certification and…
5th Circuit Ruling Affirms Denial of Injunctive Relief Against Medicare Recoupment during the Administrative Appeals Process
On September 18th, a panel of the Fifth Circuit affirmed a lower court ruling denying injunctive relief against recoupment for Medicare providers still faced with an overpayment demand after going through the first two steps of the administrative review process. In affirming the lower court’s decision, the Fifth Circuit affirmed…
HHS and DOJ Issue Health Care Fraud and Abuse Annual Report for FY 2019
The Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) recently released the Health Care Fraud and Abuse Control Program Annual Report for 2019 (the “Report”). The Report provides an overview of the joint effort of the HHS and DOJ in identifying and prosecuting health care…
Robert S. Iwrey Selected as a Super Lawyer and Jessica L. Gustafson Selected as a Rising Star
The Health Law Partners, P.C., congratulates Robert S. Iwrey, Esq. and Jessica L. Gustafson, Esq. for their inclusion in the 2020 Michigan Super Lawyers list as a Super Lawyer and a Rising Star, respectively. Robert S. Iwrey has been named a Super Lawyer for his achievements in Health Care law…
Department of Labor Revises FFCRA Regulations and Redefines “Health Care Provider”
The Department of Labor (DOL) recently issued a temporary rule (the “Revised Rule”) that revised the regulations implementing the Families First Coronavirus Response Act (“FFCRA”). These revisions went into effect on September 16, 2020. By way of background, the FFCRA created two new emergency paid leave requirements, the Emergency Family…
An OIG Report Finds Inconsistency by MACs in Reviewing Medicare Extrapolated Overpayments
The U.S. Department of Health and Human Services Office of Inspector General (OIG) has recently issued a report regarding overpayment reviews by Medicare Administrative Contractors (MACs). The OIG’s report determined that MACs have been inconsistent in reviewing extrapolated overpayments during the provider appeals process. These inconsistencies have resulted in at…
Hospitals Brace for Renewed Focus on Total Joint Procedures
On August 3, 2020, two issues were approved for review and posted on the Centers for Medicare & Medicaid Services (CMS) Recovery Audit program website: 0184 – Total Hip Arthroplasty: Medical Necessity and Documentation Requirements, and 0185 – Total Knee Arthroplasty: Medical Necessity and Documentation Requirements. In particular, the approved…