Health Law Alert

On November 13, 2015, CMS published as a final rule its latest iteration of the 2-midnight rule, the standard for billing inpatient services under Part A of the Medicare program. As background, the 2-midnight rule was initially proposed by CMS in 2013, in response to two perceived issues: The Recovery […]

Over the years, the OIG has issued a number of advisory opinions regarding various proposals from hospitals to provide transportation for patients. Some have been found not to draw prosecution and sanctions and others have not fared so well. The typical contours of a transportation program that does not risk […]

CMS recently released final rules for the Electronic Health Records Incentive Program (“Meaningful Use”). The final rules include modifications for program years 2015 through 2017 and also include the Stage 3 objectives and measures for eligible hospitals (“EHs”), critical access hospitals (“CAHs”) and eligible professionals (“EPs”). CMS’ goal is to […]

This summer has seen heightened activity in the prosecution and ultimate settlement of False Claims Act cases brought by qui tam relators alleging violations of the Stark law and Federal Anti-Kickback Statute due to inappropriate compensation arrangements between physicians and hospitals. The amounts for which these cases ultimately settled should […]

Banks are showing increased willingness to consider patient account loan programs with health care providers. Whether this is due to larger average self-pay account balances, low interest rates for commercial loans that make consumer loans more economically interesting to banks than in past decades, or other developments, this bank trend […]