On November 10, 2009, the Centers for Medicare & Medicaid Services (CMS) issued a final rule to update the Medicare Home Health Prospective Payment rates for the 2010 calendar year (the “Final Rule”). The Final Rule continues with the previously promulgated 2.75 percent reduction to the home health prospective payment…
Governor Granholm’s proposal to impose the Quality Assurance Assessment Program (“QAAP”) fee (A.K.A tax) on physicians–HB 5386–was defeated in the Michigan Senate by a 32-4 vote on Wednesday, October 28. The bill proposed that “the Department shall assess and collect a quality assurance assessment on physicians…at a rate of 3%…
Representative John Adler’s proposed Red Flags exceptions–H.R. 3763–passed in the House on October 23. Passing with a 400-0 vote, the bill exempts small businesses with 20 or fewer employees that meet certain requirements. The bill will next be sent to the Senate for vote. Notwithstanding this legislation, the Red Flags…
Representative John Adler introduced H.R. 3763 on October 8 to amend the definition of “creditor” in the Fair Credit Reporting Act to reflect the following exclusions: (A) a health care practice with 20 or fewer employees; (B) an accounting practice with 20 or fewer employees; (C) a legal practice with…
The OIG released its Work Plan for the 2010 fiscal year (FY) this week, to be effective beginning October 2009. The OIG’s Work Plan “describes the specific audits and evaluations that [the OIG has] underway or plan[s] to initiate in the FY ahead….The Work Plan also provides focus areas for…
The HITECH Act (The Health Information Technology for Economic and Clinical Health Act), enacted February 17, 2009, significantly supplemented and altered the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). One such provision of the HITECH Act made both covered entities and their business associates liable for breaches of…
Centers for Medicare and Medicaid Services (CMS) noted that consignment closets (also known as stock and bill arrangements) have not complied with durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) supplier standards. As a result, CMS issued a Change Request (CR) affecting physicians and DMEPOS suppliers, which allows for consignment…
The Recovery Audit Contractor (“RAC”) for region D, HealthDataInsights, Inc. recently published its RAC website, and published its first list of approved RAC audit issues for complex coding reviews. Pursuant to the recently-published CMS RAC Review Phase In Strategy, complex reviews regarding DRG validation and coding errors were scheduled to…
FTC postponed Red Flags. As many entities have been scrambling to get their anti-identity theft programs in place by August 1, the Federal Trade Commission (FTC) announced that it would be pushing back enforcement of the Red Flags Rule until November 1. The purpose of this is to continue to…
The Affordable Health Choices Act (Act) has been hotly contested by many Republicans, some Democrats, and now, is being put in place by Congressional Budget Office (CBO). The CBO is the final authority when it comes to the cost of legislation and it announced that the Act is not “budget…