Health Law

Published on: February 11, 2010 | by The Health Law Partners

MIPAA Accreditation for Providers of Advanced Diagnostic Imaging Services

The Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) requires the Secretary to designate organizations to accredit suppliers, including but not limited to physicians, non-physician practitioners, and Independent Diagnostic Testing Facilities, that furnish the technical component of advanced diagnostic imaging services. Advanced diagnostic imaging services include diagnostic magnetic resonance imaging (MRI), computed tomography […]

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Published on: February 9, 2010 | by The Health Law Partners

CMS Rescinds POS Reimbursement Rules for Diagnostic Tests

CMS rescinded a change order affecting the use of place of service (“POS”) codes used for the interpretation of diagnostic tests. Originally issued on December 11, 2009, the rescinded Change Request (“CR”) led to significant confusion about the POS for reporting the reading of diagnostic tests. MLN Matters 6375, which explained the CR, required providers […]

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Published on: February 8, 2010 | by The Health Law Partners

Home Health Agencies and Ownership Changes

The home health world has been turned upside down. As many are aware, new regulations have been implemented that affect ownership changes for home health agencies (“HHAs”). On January 21, 2010, CMS published a “Medicare Learning Network Provider Inquiry Assistance.” This publication clearly states that any “ownership change” within 36 months of the Medicare enrollment […]

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Published on: February 4, 2010 | by The Health Law Partners

Incentive Payments for Meaningful Use of EHR Technology Does NOT Apply to Anesthesiologists

The American Recovery and Reinvestment Act establishes an incentive program that provides incentive payments to eligible physicians (EP) and eligible hospitals for meaningfully using electronic health records (EHR). While many specialists are learning the conditions under which they can capitalize on these incentive payments, anesthesiologists will learn that they do not qualify as EPs, thus […]

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Published on: January 15, 2010 | by The Health Law Partners

UPDATE: Telemarketing by Durable Medical Equipment Suppliers is Still Prohibited

Generally, Durable Medical Equipment (“DME”) suppliers are statutorily prohibited from telemarketing Medicare beneficiaries regarding furnishing a covered item. There are three exceptions to this rule: (a) the beneficiary has given written consent to be contacted by the supplier; (b) the contact is regarding a covered item that the supplier has previously furnished to the beneficiary; […]

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Published on: January 12, 2010 | by The Health Law Partners

Health Law Partners To Publish Monthly “Regulatory Review” Column in Link, The Online Journal of the AHRA

The January 2010 issue of Link, the online journal of the AHRA, is now available. This issue includes a new column called Regulatory Review, the first installment of which is called “Healthcare Marketing–Navigating the Regulatory Landscape.” The column, to be a regular feature in Link, is authored by The Health Law Partners’ Adrienne Dresevic and […]

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Published on: January 11, 2010 | by The Health Law Partners

Health Care Law Call for Articles

A health care law Call for Articles has been announced by the West Virginia Law Review. The announcement is set forth below: Call for Articles The West Virginia Law Review announces a call for articles and invites scholars, practitioners, and researchers to submit contributions for its upcoming issue focusing on health care. This issue will […]

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Published on: January 8, 2010 | by The Health Law Partners

Sebelius to “Galvanize” Public Health System

US Secretary of Health and Human Services Kathleen Sebelius presented the first US National Health Security Strategy (“NHSS”) in December 2009. The NHSS “is intended to galvanize efforts to minimize the health consequences associated with significant health incidents.” These incidents involve the “large-scale incidents” including terrorist attacks, hurricanes, SARS, H1N1, etc.. The NHSS presents a […]

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Published on: January 7, 2010 | by The Health Law Partners

American Society of Nuclear Cardiology Takes Legal Action to Halt Implementation of the 2010 Medicare Physician Fee Schedule

On December 28, 2009, the American Society of Nuclear Cardiology (ASNC), joined by the American College of Cardiology (ACC), the Florida ACC Chapter, the Association of Black Cardiologist, and the Cardiology Advocacy Alliance, filed a complaint, as well as motions for a preliminary injunction and expedited discovery, against Health and Human Services (HHS) Secretary, Kathleen […]

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Published on: January 5, 2010 | by The Health Law Partners

CMS Amends Supervision Requirement for Outpatient Therapeutic Services and Outpatient Diagnostic Services in the 2010 OPPS

Effective January 1, 2010, the 2010 Outpatient Prospective Payment System (“OPPS”) amends the prior hospital outpatient supervision requirements. Reaffirming that Medicare will only cover outpatient therapeutic services that are furnished in the hospital (“in the hospital” defined as the areas included in the main buildings of the hospital that are under financial or administrative control […]

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