On October 24, 2018, CMS released “inaugural” QRP data on Nursing Home Compare regarding skilled nursing facilities (SNFs). This release is in accordance with Section 1899B(g)(1) of the Social Security Act requiring CMS to publicly report SNF provider performance on selected quality measures. Reporting of certain quality measures is also […]
Health Law Alert
New Fraud Risk Indicator on the OIG Website
On September 27, 2018, a new post on the OIG website www.oig.hhs.gov educates providers about the Fraud “Risk Spectrum” which categorizes risk from low to the high as follows: the highest risk is program exclusion, followed by the high risk of heightened scrutiny, the medium risk of imposition of a […]
Preventing Common 501(r) Mistakes
Section 501(r) of the Internal Revenue Code (“Code”) and the final regulations published by the IRS put into place very specific requirements for tax-exempt hospitals relative to financial assistance policies (FAPs) and community health needs assessments (CHNAs). The Code requires the IRS to perform desk reviews of the Form 990, […]
Deregulation Continues: CMS Proposes Reducing Medical History and Physical Examination (“H&P”) Requirements for ASCs and Acute-Care Hospitals
On September 20, 2018, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule that would “reform Medicare regulations that are identified as unnecessary, obsolete, or excessively burdensome on health care providers and suppliers” (“Proposed Rule”). One of the more significant proposals would eliminate the current comprehensive medical […]
Financial Responsibility of Law Enforcement for Hospital Bills
On August 14, 2018, in Chase County v. City of Imperial, the Nebraska Court of Appeals decided a case that is helpful to hospitals and medical providers. The Court held that a law enforcement agency can be held financially liable for medical services provided to an arrested person even if […]