Providers Breathe Sigh of Relief with New Anti-Kickback Safe Harbors and CMP Exceptions

By | Health Law Update | December 21, 2016
Providers Breathe Sigh of Relief with New Anti-Kickback Safe Harbors and CMP Exceptions

On December 7, 2016, the HHS Office of Inspector General (OIG) finalized a set of rules first proposed in 2014 adding new anti-kickback law safe harbors and protecting additional conduct from enforcement under the civil monetary penalties (CMP) law related to beneficiary inducements.

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HHS Publishes a New Rule to Protect Dialysis Patients from Being “Steered” into Private Coverage for the Benefit of Dialysis Centers

By | Health Law Rx | December 14, 2016

On implementing significant, new requirements for Medicare-certified dialysis facilities that make payment of premiums for individual health coverage, on December 14, 2016, the Department of Health and Human Services (HHS) published an Interim final rule with comment period.

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OIG Increases CMP Law Nominal Value Thresholds to $15 Per Item and $75 Per Year

OIG Increases CMP Law Nominal Value Thresholds to $15 Per Item and $75 Per Year

On December 7, 2016, the Office of Inspector General for the U.S. Department of Health and Human Services (“OIG”) issued a Policy Statement that increased the thresholds for gifts to Medicare and Medicaid beneficiaries to be considered “nominal” under the beneficiary inducement provisions of the civil monetary penalties law (section 1128A(a)(5) of the Social Security Act) (“CMP Law”). 

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Court Orders HHS to Fix the Medicare Appeals Backlog by the End of 2020

Medicare providers with pending cases at the administrative law judge (“ALJ”) level received positive news last week as a federal judge for the United States District Court for the District of Columbia (the “Court”) granted summary judgment in favor of the American Hospital Association (“AHA”) in its case against the Secretary of the Department of Health and Human Services (“HHS”).

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Forty-Five Days and Counting for Current HHS Leadership: Implications for Rulemaking

Before we all turn our full attention to the nominations of Representative Tom Price as Secretary of Health and Human Services, and policy consultant Seema Verma to lead CMS, we need to remember that there are still approximately 45 days remaining in the current administration.

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Monday Morning Regulatory Transition Review – 12/5/16: Healthcare Funding Responses; & More

Monday Morning Regulatory Transition Review – 12/5/16: Healthcare Funding Responses; & More

Signs of increased speed in the Obama Administration’s quest to institutionalize its policies became apparent with the approval and publication of several economically significant / major rules, even more lesser rules, and even a proposed adjudication.

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