The Joint Commission recently revised its position on physicians and licensed independent practitioners transmitting orders via text message. The Joint Commission’s new position allows physicians and licensed independent practitioners to send orders for care, treatment, and service via text message as long as a secure platform is used and the […]
Health Law Alert
Compliance With Nondiscrimination Section 1557 of the ACA Quickly Approaching
In mid-May the Office for Civil Rights (OCR) released final regulations for the nondiscrimination section of the Patient Protection and Affordable Care Act (ACA). The nondiscrimination provision—section 1557 of the ACA (42 USC § 18116)—prohibits discrimination in health care programs and activities on the basis of race, color, national origin, […]
The IRS Speaks—No Tax Exemption for Non-Medicare ACO
Since the passage of the Affordable Care Act in 2010, many ACO organizations have been established by hospitals and health systems to meet the triple aim of the statute—lower cost for individuals, improving access and quality, and improving population health. Their participating providers consist both of health system-employed physicians and […]
Delaying or Denying Care Due to Non-Payment
With the recent implementation of the final 501(r) regulations, many tax-exempt hospitals have significantly revised their charity care and billing and collection policies and practices. However, one issue that may have flown under the radar for many is the delay or denial of care due to the non-payment of outstanding […]
Updates to OIG’s Permissive Exclusion Authority
The Department of Health and Human Services Office of Inspector General (OIG) published updated criteria to its permissive exclusion authority under § 1128(b)(7) of the Social Security Act (the Act) (42 USC § 1320a-7(b)(7)). The guidance—published in mid-April and available here—introduced an OIG “risk spectrum” and several factors the Agency […]

