Health Law Attorney Blog

The Medicare and Medicaid Electronic Health Record (“EHR”) Programs incentivize the meaningful use of certified EHR technology to achieve health and efficiency goals. Eligible professionals and hospitals that meet certain requirements using certified EHR technology (i.e., satisfy certain “meaningful use” criteria) will be eligible for incentive payments of up to $44,000 over a five-year participation […]

In the November 28, 2011 Federal Register, the Centers for Medicare and Medicaid Services (“CMS”) retracted its requirement that physicians or non-physician practitioners (“NPPs”) sign requisitions for clinical laboratory tests paid under the Clinical Laboratory Fee Schedule (“CLFS”). When it was first enacted ten years ago, in 2001, CMS revised 42 CFR 410.32(d)(2) to require […]

In Advisory Opinion 11-17, the Office of Inspector General (“OIG”) reviewed an arrangement in which a laboratory services management company (“Requestor”) “proposes to provide allergy testing and immunotherapy laboratory services and related items to primary care physicians and physician practices (“Physicians”) within the Physicians’ medical offices. Specifically, Requestor would enter into exclusive contracts with the […]

The Obama Administration announced that Centers for Medicare and Medicaid Services (“CMS”) Administrator, Donald Berwick, MD, would be stepping down on December 2. His replacement, Marilyn Tavenner, served as Virginia’s Secretary of Health and Human Services from 2006 to 2010 and then served as the CMS Principal Deputy Administrator and Chief Operating Officer. Continue Reading […]

On November 2, 2011, the Centers for Medicare and Medicaid Services (“CMS”) issued a Medicare Learning Network Matters article entitled Autologous Cellular Immunotherapy Treatment of Metastatic Prostate Cancer (“CR 7431”) wherein it “instructs that, effective for services performed on or after June 30, 2011, CMS concludes that the evidence is adequate to support the use […]

In its November 14, 2011 Order List, the Supreme Court granted certiorari to hear the challenge to the Patient Protection and Affordable Care Act (“PPACA”). Challenges to the law have ranged on issues from the individual mandate, Medicaid expansion, the employer mandate and health benefits exchange. The Court will hear 5.5 hours of oral arguments […]