Articles and Blogs

NATIONAL 13-year Medicare payment dispute will return to HHS, court rules 48 hospitals on Forbes’ list of best employers CMS delays star ratings update until July CMS may now enforce its COVID-19 vaccination policy for healthcare workers in all 50 states CMS responds to states seeking vaccination mandate waivers CMS warns states: Survey fully... READ MORE

In December 2021, the Office of Inspector General (“OIG”) of the Department of Health and Human Services published an Issue Brief titled “Medicare and Beneficiaries Pay More for Preadmission Services at Affiliated Hospitals Than Wholly Owned Settings” (“Brief”)(available here). The Brief discusses Medicare’s policy to bundle (or not separately pay) certain services provided by... READ MORE

On Thursday, February 10, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 passed the Senate after previously passing in the House. The bill, which President Joe Biden will reportedly sign, would amend the Federal Arbitration Act and effectively transform how parties resolve allegations of sexual harassment and assault.... READ MORE

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. 1. The following U.S. cities saw the highest inflation in 2021: Atlanta 9.8%, Phoenix 9.7%, St. Louis 8.3%, Baltimore 8% and Tampa 8%. Remote workers and retirees are moving to these cities for... READ MORE

The Plaintiff, a board-certified obstetrician and gynecologist, was initially granted clinical privileges at a North Carolina Hospital (the “Hospital”) in 2010. Privileges were granted according to the Medical Staff Bylaws. Notably, in this jurisdiction, the Bylaws “formed a contract” between Plaintiff and the Hospital. In May 2017, Plaintiff was informed that she would not... READ MORE

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. 1. CMS issued guidance for skilled nursing facilities (“SNFs”) on how to deal with visitors during the pandemic. States can require visitors to be tested before entering the SNF so long as rapid... READ MORE

Earlier this week, the Department of Justice (“DOJ”) announced that the United States recovered over $5.6 billion from False Claims Act (“FCA”) cases in the federal fiscal year 2021, “the second largest annual total in False Claims Act history” and more than doubling the FCA recoveries for the DOJ from fiscal year 2020. Of... READ MORE

As questions, concerns and frustration continue for skilled nursing facilities and families on visitation at facilities, CMS released additional recommendations, clarifications and guidance on a host of issues that skilled nursing providers face as they encounter certain visitation scenarios. On February 2, 2022, CMS updated and added several questions and answers in its December... READ MORE

On January 5, 2022, the Department of Health and Human Services (“HHS”) published an amendment to its Declaration for medical countermeasures against COVID-19 (the “Declaration”) under the Public Readiness and Emergency Preparedness Act (“PREP Act”). Under the amendment, PREP Act liability protections have been extended to eligible pharmacists who order and administer (and qualified... READ MORE

NATIONAL 11% of US hospitals critically understaffed, 21% anticipate shortages: Numbers by state AHA, AHCA/NCAL urge White House to investigate staffing agency costs Are hospitals getting more aggressive against private practices? CMS clarifies COVID-related LTC survey process CMS cuts payments to 764 hospitals over patient complications CMS makes nursing home staffing data available for... READ MORE