Following the publication of “Practical Guidance for Health Care Governing Boards” (April 2015), and The DOJ’s report entitled “Evaluation of Corporate Compliance Programs” (February 2017), the HHS-OIG has issued a new publication: “Measuring Compliance Program Effectiveness: A Resource Guide.” The Guide was published March 27, 2017, and is now posted […]
Health Law Alert
Jimmo Settlement Back in the News
The Centers for Medicare and Medicaid Services (CMS) were too slow in carrying out a corrective action plan agreed to as a part of the 2013 settlement in Jimmo v. Sebelius (now captioned Jimmo v. Price). The defendant Department of Health and Human Services had agreed to conduct a nationwide […]
Volk v. DeMeerleer: Does it Impact the Duty to Warn?
The Supreme Court of Washington extended the duty “owed by medical professional[s] to a victim based on a special relationship between the mental health professional and the professional’s patient” to situations involving mental health outpatients. 1 In July of 2010, a man with severe mental illness shot and killed his […]
Insight into How the DOJ Evaluates Compliance Programs
The Department of Justice (” DOJ”) recently published a report on its public website called “Evaluation of Corporate Compliance Programs.” The intention of the guidance is to provide transparency about the factors that the DOJ will consider in reviewing information from organizations involved in DOJ investigations. Organizations involved in self-disclosures […]
MOON Notices Have Been Required Since March 8, 2017
On March 8, 2017, Medicare hospitals and critical access hospitals (“CAH”) were required to begin giving notices to Medicare patients who remain in observation bed status for more than 24 hours. The Notice of Observation Treatment and Implication for Care Eligibility Act (NOTICE Act) was adopted in August 2015, establishing the Medicare […]

