News & Resources

CLIENT ADVISORY: Physician Scope of Practice and Board of Medicine Due Process Illustrated in Recent Appeals Court Decisions

Two recent Virginia Court of Appeals decisions illustrate important morals:  If a provider chooses to practice outside the scope of her specialty and training or opts to use alternative courses of treatment, she may encounter licensing board sanctio… Read More
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Categories: Client Advisory

CLIENT ADVISORY: New SAMHSA Rules on Substance Use Treatment Record Disclosure Released

On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a Final Rule that revises the requirements for the disclosure of substance use disorder patient records. Barring intervention by the Trump administr… Read More
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Categories: Client Advisory

CLIENT ADVISORY: New Conditions of Participation for Nursing Facilities Require Changes to Admission Agreements

The new Conditions of Participation published by the Centers for Medicare and Medicaid Services (CMS) on October 4, 2016 require nursing facility providers to make a number of changes to their policies, procedures, agreements and operations in advanc… Read More
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Categories: Client Advisory

CLIENT ADVISORY: CMS Publishes Final Rules for Nursing Facility Requirements for Participation in Medicare and Medicaid

Introduction On October 4, 2016, the Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS) published a Final Rule to revise Medicare and Medicaid participation requirements for nursing facilities.1 The regulat… Read More
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Categories: Client Advisory

CLIENT ADVISORY: Immediate Imposition of Federal Remedies: CMS Makes Changes Affecting Timing of Survey CMPs

On July 29, 2016, the Centers for Medicare and Medicaid Services (CMS) released advance guidance and revisions to Chapter 7 of the State Operations Manual (SOM) regarding mandatory, immediate federal enforcement remedies for certain deficiencies and… Read More
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Categories: Client Advisory

CLIENT ADVISORY: Preparing for HIPAA Phase 2 Audits

This year, the Office of Civil Rights (“OCR”) rolls out its HIPAA Phase 2 Audits. Phase 2 audits will review both Covered Entities (“CEs”) and their Business Associates (“BAs”) and analyze their policies and procedures’ consistency with… Read More
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Categories: Client Advisory

CLIENT ADVISORY: “You Don’t Know What You Don’t Know”: Providers Now May Be Subject to False Claims Act Liability Based on a Subjective Government Materiality Standard

The unanimous June 16, 2016 Supreme Court decision in Universal Health Services, Inc. v. United States and Massachusetts, ex. rel. Julio Escobar and Carmen Correa (“Escobar”) significantly expands provider exposure to liability under the False Cl… Read More
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Categories: Client Advisory

CLIENT ADVISORY: Skilled Nursing Facilities May Profit from Reducing Medicare Beneficiary Hospitalizations

The Centers for Medicare and Medicaid Services (CMS) estimate that approximately 45% of hospitalizations for Medicare and Medicaid beneficiaries are avoidable and may result in up to 8 billion dollars in Medicare and Medicaid costs.  As part of its… Read More
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Categories: Uncategorized

CLIENT ADVISORY: CMS Clarifies 60-Day Rule on Reporting and Returning Overpayments from Medicare

The Centers for Medicare & Medicaid Services (CMS) issued a final rule clarifying the 60-day repayment requirement for Medicare Part A and B providers and suppliers to report and return any identified overpayment they receive on behalf of Medicar… Read More
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Categories: Client Advisory

CLIENT ADVISORY: Negligent Credentialing Ruled Outside Scope of Medical Malpractice Act, Threatens Hospital Purses

A Lynchburg Circuit Court Judge has ruled that an action against a hospital for negligent credentialing and privileging is a separate cause of action that does not fall within the scope of the Virginia Medical Malpractice Act.  This holding may expo… Read More
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Categories: Client Advisory