Articles and Blogs

Hall, Render, Killian, Heath and Lyman Shareholder Carol A. Romej, J.D., LL.M.,was named on DBusiness Magazine’s “2012 Top Lawyers” list for Information Technology Law. DBusiness Magazine polled more than 15,000 private attorneys in the five-county region. The lawyers were asked to nominate up to three attorneys among 49 specialized practice areas. Of the nearly... READ MORE

The Centers for Medicare & Medicaid Services (“CMS”) has recently instructed contractors to reopen certain claims that were previously denied for failure to meet the “face-to-face” requirements in certain circumstances and assuming all content requirements of the certification and the face-to-face documentation are otherwise met.  It came to CMS’ attention that certain claims were... READ MORE

Earlier this month, the Senate passed the National Defense Authorization bill (S. 1867), which contains a provision that exempts certain TRICARE network providers from jurisdiction by the Office of Federal Contract Compliance Programs (OFCCP).  If it becomes law, this provision will undo the OFCCP’s recent efforts to require health care providers that participate in... READ MORE

The Internal Revenue Service (IRS) recently announced cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare benefit plans for 2012.  For the first time since 2009, the IRS has increased many employee benefit plan limits.  As a result, employers should update payroll and plan administration systems accordingly and review plan-related... READ MORE

On December 2, 2011, the Centers for Medicare & Medicaid Services (“CMS”) issued a Program Memorandum (“Memorandum”) clarifying equipment maintenance requirements for hospitals.  More specifically, the Memorandum addresses:  (1) alternate equipment maintenance schedules that are permitted in some instances; and (2) alternative equipment maintenance methods that are not permitted. The Medicare condition of participation... READ MORE

On November 30, 2011, Daniel R. Levinson, Inspector General, appeared before the Special Committee on Aging, and testified regarding the Office of Inspector General’s (OIG) findings pertaining to the use of atypical antipsychotic drugs by nursing home residents. The OIG hired psychiatrists who are experts in treating elderly patients to review a sample of... READ MORE

Can an incompetent, and ultimately dismissed, False Claims Act Complaint bar a future complaint under the FCA’s “first to file rule?” The Court of Appeals in Washington D.C. answered the question for the first time on November 4, 2011. Can a settlement agreement between an employer and an employee force dismissal of the employee’s... READ MORE

The recent trend toward increased HIPAA enforcement is continuing with the recent announcement by the United States Department of Health and Human Services (“HHS”) that it would begin performing periodic audits to ensure covered entities and business associates are complying with the HIPAA Privacy and Security Rules and Breach Notification standards.  Section 13411 of... READ MORE

The Centers for Medicare & Medicaid Services (“CMS”) announced yesterday the timeline for Round 2 competitive bidding for Durable Medical Equipment, Prosthetics, Orthotics and Suppliers (“DMEPOS”), with registration set to begin on December 5, 2011. According to the release from CMS, the 60-day bid window for Round 2 and the National Mail-Order Competition for Diabetic... READ MORE

Secretary of Health and Human Services, Kathleen Sebelius, announced on November 30, 2011 that Eligible Providers and Eligible Hospitals (“Recipients”) meeting the Stage 1 meaningful use criteria for the Medicare/Medicaid Electronic Health Records Incentive (“EHR Incentives”) established under the HITECH Act will not be required to meet the Stage 2 criteria until 2014.   The meaningful use... READ MORE