Articles and Blogs

For almost a decade, the Binford Medical-Professional Office Complex, a medical office building and immediate care center located on the northeast side of Indianapolis, Indiana, has sat vacant, creating an eyesore and reminding local residents of the potential health care option that could have been. Once known for its unrealized opportunity, the facility now... READ MORE

The Bankruptcy Court for the District of Delaware analyzed whether CMS could suspend payments to a health care organization once the organization seeks bankruptcy court protection. The question centered on whether such payments are considered estate property within the scope of the automatic stay rule, 11 U.S.C. § 362. This case highlights the limits... READ MORE

In a recent Sixth Circuit decision,[1] the Court concluded that an individual Medicare beneficiary, who had successfully sued a tortfeasor for personal injuries he suffered, did not have the right to bring a cause of action under the Medicare Secondary Payer Act (“MSPA”).[2] In effect, the Court concluded that the MSPA did not provide rights... READ MORE

Back in Action: What Are the Health Care Priorities as Congress Returns from Recess? Congress returned on Monday from August recess with a full agenda on health care. Lawmakers are poised to address several health care-related issues, including surprise medical billing, prescription drug costs and FY 2020 appropriations for the final legislative push before... READ MORE

Recently, there has been increased indication that patients, attorneys and the government are fed up with the fees that are being charged by providers when patients request access to or copies of their medical records. Providers who do not understand the type of request being made and the applicable fee rules that apply under... READ MORE

On June 24, 2019, the Trump administration changed the game for the health care industry through the release of an executive order on price transparency. Entitled “Improving Price and Quality Transparency in American Healthcare to Put Patients First,” the executive order is aimed primarily at giving patients access to price and quality information about... READ MORE

NATIONAL Rural hospital closings cause mortality rates to rise, study finds Medicare spends more on post-hospital care than private insurers Public comment period to close Sept. 27 for federal price transparency rule HIPAA: At what cost? It’s showtime: Providers, supporting cast members hustle to handle changes under PDPM 4 issues on nurse leaders’ radar... READ MORE

Citing its “Right of Access Initiative,” on September 9, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a hospital in Florida (the “Hospital”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $85,000 and adopting a corrective... READ MORE

The Centers for Medicare & Medicaid Services (“CMS”) could revoke or deny a provider’s or supplier’s Medicare enrollment if it determines that any of its affiliations pose an “undue risk” under a Final Rule announced on September 5, 2019 (“Enrollment Rule”). Also under the Enrollment Rule, providers and suppliers (“Providers”) selected by CMS will... READ MORE

NATIONAL Physician pay increased in 2018 while productivity remained stagnant HHS Secretary Azar mulls Brett Giroir as next FDA commissioner 3 strategic differences between nonprofit and for-profit hospitals Physician viewpoint: 10 areas in which AI will transform primary care How providers can outperform their peers on MIPS regardless of what CMS changes Tougher inspections,... READ MORE