In November 2017, we published an article on Schmidt v. Ramsey, a case in which the United States Court of Appeals for the Eight Circuit upheld the constitutionality of the Nebraska Hospital Medical Liability Act (the “Act”). This case involved a claim by the mother of a baby who suffered […]
Health Law Alert
2018 Final MPFS Rule: Update on Telehealth Services
On November 15, 2017, the Centers for Medicare and Medicaid Services (“CMS”) published the 2018 Final Medicare Physician Fee Schedule Rule (the “MPFS Final Rule”) in the Federal Register. The MPFS Final Rule addresses changes to the Medicare physician fee schedule and other Medicare Part B payment policies, as well […]
Attention, Health Care Institutions: Get Your Affirmative Action Plan in Place ASAP!
As we jump into 2018, health care institutions who receive TRICARE dollars should assess whether those TRICARE dollars are high enough to require them to prepare Affirmative Action Plans (“AAPs”). If they do, they must get their AAPs in place beginning this year, so that they have the requisite information […]
New Excise Tax on Excess Executive Remuneration Paid by Tax Exempt Organizations
The Tax Cuts and Jobs Act that was enacted into law on December 22, 2017, introduced a new excise tax on excess compensation (or excess parachute payments) that is paid to “covered employees” by tax-exempt organizations, including government entities with exempt income, beginning with taxable years beginning after December 31, […]
340B Drug Reimbursement Reduction under Medicare Part B
The 340B Program was established by Congress in 1992 and is administered by the Health Resources and Services Administration (HRSA). The Program allows participating hospitals and other health care providers to purchase certain “covered outpatient drugs” from drug manufacturers at discounted prices. Congress’s stated rationale for the 340B Program was […]

