Articles Posted in Health Law News

In December of 2013, the Centers for Medicare & Medicaid Services (CMS) issued a Request for Quotes for new Recovery Auditor (RAC) contracts. The new contracts include significant changes to payment terms. Whereas the current contracts allow payment to RACs after the first level of appeal has been exhausted (120 days), the new contracts do […]

On May 7, 2014, the Department of Health and Human Services (“HHS”), New York-Presbyterian Hospital (“NYP”) and Columbia University (“CU”) agreed to collectively pay $4.8 million to settle charges of alleged violations of the HIPAA Privacy and Security Rule marking the largest HIPAA settlement to date. OCR initiated an investigation of NYP and CU after […]

The final budget bill was recently passed in New York State containing several provisions for Out-of-Network (“OON”) reforms. The major changes related to OON reform include: 1) transparency provisions requiring the reestablishment of “usual, customary and reasonable” or “UCR” charges to determine reimbursement rates; 2) adding protections allowing patients to go OON for specialty care; […]

The Centers for Medicare & Medicaid Services (“CMS”) announced in a Federal Register notice that it is creating a new data-collection program for hospice quality reporting called the Hospice Item Set (“HIS”) System. The HIS System, which is mandated under Section 3004(c) of the Patient Protection and Affordable Care Act of 2010 (“ACA”), establishes a […]

On April 2, 2014, the Centers for Medicare & Medicaid Services (“CMS”) announced its intent to publish data on its payments to individual physicians. Beginning on April 9, 2014, CMS plans to release information regarding the charges for medical services and procedures furnished by physicians and other health care professionals. CMS stated that the data […]

In need of Ethics Credits? ABA members can get them for free by attending, “You Mean HIPAA Applies to Lawyers? Keeping Data Safe, Clients Happy and Your License Secure”, with The HLP’s, Clinton Mikel, Esq., as a Speaker/Moderator, April 21, 2014.

It is customary for insurers to deny claims submitted by no-fault providers, and providers, in turn, commonly challenge these denials. Conversely, it is anomalous for a no-fault provider to initiate a (putative) class action suit in response to an insurer’s payment denials. Yet, in a recently filed action, an aggrieved provider did just that. Pan […]

The Centers for Medicare & Medicaid Services (“CMS”) announced changes to the Medicare Fee-For-Service Recovery Audit Program in a posting on the CMS.gov website February 18, 2014. According to CMS, the changes will go into effect after the new Recovery Audit Program contracts are awarded. The announcement includes changes to the contingency fees paid to […]

Federal authorities are cracking down on abuse of the HITECH Act’s Meaningful Use financial incentive program as evidenced by the recent indictment of Joe White, former CEO of Shelby Regional Medical Center (“Shelby Regional”) in Tyler, Texas. A federal grand jury indicted White on charges of making false statements to the Centers for Medicare and […]

On January 16, 2014, the Centers for Medicare & Medicaid Services (“CMS”) announced that it will release a national provider Comparative Billing Report (“CBR”) addressing Positive Airway Pressure (“PAP”) Devices and Accessories. CMS is using CBRs as a tool to educate providers about applicable Medicare billing rules in furtherance of its goal to improve the […]

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