Articles and Blogs

The Sixth Circuit Court of Appeals recently held that the statute of limitations period for retaliation claims under the False Claims Act (“FCA”) begins to run on the date of the alleged retaliatory event, and not the date the plaintiff discovers the retaliatory event. Case Background In 2008, the plaintiff physician joined a Michigan-based... READ MORE

NATIONAL 81% of ICU beds in use nationwide: How each state stacks up 20 hospitals, health systems that provide the most ‘unnecessary’ care: Johns Hopkins 3 Population Health Trends to Watch in 2022 5 states facing highest, lowest weekly nursing home COVID-19 positivity rates Accellion Settles Class-Action Lawsuit for $8.1M Following Data Breach Amazon... READ MORE

Amidst a nationwide nursing and skilled nursing facility staffing crisis, the Centers for Medicare & Medicaid Services (“CMS”) announced that additional information regarding nursing home staff numbers will be added to the January 2022 CMS Care Compare website. The staffing data will impact the Five-Star Quality Rating calculations in the middle of 2022. Skilled... READ MORE

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. The Department of Health and Human Services extended the public health emergency through April 16, 2022. Since the pandemic began, nursing homes and assisted living facilities have lost more than 400,000 jobs. In... READ MORE

On January 13, the Supreme Court handed down a pair of decisions on the CMS vaccine mandate rule and the OSHA vaccine-or-test rule. In short, the Court ruled in this opinion that CMS is not prohibited from implementing its vaccine mandate for Medicare-funded facilities (the Interim Final Rule or “IFR”). In a separate opinion,... READ MORE

NATIONAL Supreme Court blocks Biden Covid vaccine mandate for businesses, allows health-care worker rule 19% of US hospitals critically understaffed, 21% anticipate shortages: Numbers by state 5 states facing the worst nursing home COVID-19 outbreaks CMS going public with facility turnover, weekend staffing data CMS proposed rule seeks to lower Medicare Part D prescription... READ MORE

Recent regulations from the Centers for Medicare & Medicaid Services (“CMS”) based on the GME changes in the Consolidated Appropriations Act, 2021 (“CAA”) create new funding opportunities for many teaching hospitals. Opportunities are available for hospitals in the following categories: CMS will award 1,000 new FTE cap slots over the next five years. CMS... READ MORE

This client alert is Part 5 of our series providing insight into Medicare graduate medical education (“GME”) reimbursement changes that occurred in 2021. Part 1, which addressed resident moonlighting and redocumentation requirements, is available here. Part 2, which addressed billing requirements for physicians at teaching hospitals (the “PATH” rules) and the rules regarding cap... READ MORE

Facing further confusion from skilled nursing facilities and families amidst the current spike in COVID cases in the United States, the Centers for Medicare & Medicaid Services (“CMS”) released additional best practices and addressed more issues that skilled nursing providers should follow as they encounter certain visitation scenarios. On January 6, 2022, CMS updated... READ MORE

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. New York Governor postponed a new law that restricts how nursing homes operate in the state. The law requires nursing homes to use 70% of their revenue for patient care and at least... READ MORE