Hospitals


Hospital Price Transparency Rule Upheld
June 24, 2020 | Eric D. Fader | Affordable Care Act | Hospitals | Legislation and Public Policy | Litigation | Private Insurers
On June 23, the U.S. District Court for the District of Columbia ruled against the American Hospital Association and other associations and individual hospitals that had sued the U.S. Department of Health and Human Services (HHS) to block a new price transparency rule that will take effect on January 1, 2021. The rule, which was finalized …
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HHS Finalizes Civil Rights and Anti-Discrimination Rule
June 16, 2020 | Ada Kozicz | Affordable Care Act | Hospitals | Legislation and Public Policy
The U.S. Department of Health and Human Services (HHS) has finalized a new rule under Section 1557 of the Affordable Care Act in an effort to enforce civil rights laws and protect against discrimination in healthcare. The rule, entitled “Nondiscrimination in Health and Health Education Programs or Activities: Delegation of Authority,” attempts to restore civil …
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FCC Approves COVID-19 Telehealth Program Funding
May 29, 2020 | Eric D. Fader | Behavioral Health | Hospitals | Legislation and Public Policy | Telehealth
On May 28, the Federal Communications Commission (FCC) announced that its COVID-19 Telehealth Program has now approved a total of over $68 million in funding for 185 hospitals and other healthcare providers in 38 states plus Washington, DC. The program, whose full title states its goal of “Promoting Telehealth for Low-Income Consumers,” was adopted on …
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What to Watch as COVID-19 Cash Crunch Fuels Hospital M&A
May 18, 2020 | Rivkin Rounds Staff | Antitrust | Hospitals | Legislation and Public Policy
A May 15 article in Law360, “What to Watch as COVID-19 Cash Crunch Fuels Hospital M&A,” discussed the wave of hospital mergers due to the coronavirus pandemic and its financial impact on healthcare facilities. The article also addressed possible antitrust enforcement actions against hospitals that must merge to remain financially viable. Rivkin Radler’s Robert Iseman …
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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | John F. Queenan | Cassandra Rivais DiNova | Behavioral Health | Hospitals | Legislation and Public Policy
In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD). By several …
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False Claims Act, Medical Necessity and Government Regulation of Medicine
May 14, 2020 | Rivkin Rounds Staff | False Claims Act | Fraud and Abuse | Hospitals | Litigation | Medicare and Medicaid
Rivkin Radler’s Geoffrey R. Kaiser authored an article for Law360 entitled “False Claims Act, Medical Necessity and Government Regulation of Medicine.” The full article can be found here. …
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CMS Announces Further Rule Changes to Address Pandemic
May 4, 2020 | Eric D. Fader | ACOs | Behavioral Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Telehealth
On April 30, the Centers for Medicare & Medicaid Services (CMS) announced numerous regulatory waivers and rule changes to, among other things, expand Medicare beneficiaries’ access to coronavirus testing and telehealth services. CMS also made changes to address financial concerns that had been raised by many accountable care organizations (ACOs). The changes included adding behavioral …
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OIG Posts FAQs on Enforcement During Pandemic
April 29, 2020 | Geoffrey R. Kaiser | Behavioral Health | False Claims Act | Fraud and Abuse | Hospitals | Legislation and Public Policy | Telehealth
On April 24, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) published responses to certain frequently asked questions and further explained its application of administrative enforcement authorities to arrangements directly connected to the COVID-19 pandemic. OIG stated that it is accepting inquiries regarding application of its administrative …
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Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 24, 2020 | Cassandra Rivais DiNova | John F. Queenan | Behavioral Health | Hospitals | Legislation and Public Policy
Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken during this …
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OCR Pushes Back Against Discriminatory State Triaging Guidelines
April 22, 2020 | Carol A. Hyde | Cassandra Rivais DiNova | Hospitals | Legislation and Public Policy | Litigation
Two recent decisions of the Department of Health and Human Services Office for Civil Rights (OCR) illustrate that age and disability status cannot be used as blanket criteria for denying access to health care services, even during a pandemic. This should serve as a warning to healthcare providers about the risks in making triage decisions …
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