LB 439, which makes a number of changes to Nebraska’s Assisted-Living Facility Act (the “Act”), was recently passed by the Nebraska Legislature and signed by Governor Ricketts. The bill goes into effect on July 19, 2018, so it would be prudent for an assisted-living facility to review the bill now […]
Health Law Alert
Frustration Grows Over ALJ Backlog—Could CMS Do More?
We recently reported on the “Low Volume Appeals (LVA) Settlement” process initiated by the Centers for Medicare and Medicare (CMS) that was implemented during March and April 2018. (See February 2, 2018 Health Law Advisory.) Many, including the American Hospital Association (AHA), have asserted that the LVA process is insufficient […]
Secretary Azar Wants “Value-Based Transformation” of Health Care Industry
Secretary of Health and Human Services Alex Azar has put the health care industry on notice that he intends to seek what he terms a “value-based transformation” of the American health care system. The former pharmaceuticals executive wasted no time after his January 2018 confirmation in making price transparency one […]
Federal District Court Declines to Expand EMTALA to Cover Complications Following Scheduled Inpatient Surgery
In Gilmore v. Holland, decided in February 2018, the U.S. District Court for the Middle District of Pennsylvania held that the Emergency Medical Treatment and Labor Act (“EMTALA”) does not apply to a patient who has been admitted for an inpatient procedure who develops post-surgery complications. In his complaint, Mr. […]
OIG Permits Excluded Individual an Indirect Role in Furnishing Items
The OIG recently issued an advisory opinion permitting an excluded individual to be employed to market medications to pharmacies that participate in Medicare and Medicaid. Advisory opinions are limited to the specific individuals and facts addressed, so the decision cannot be read as general policy. It does, however, mark a […]