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Biden Administration Extends Suspension of Mandatory 2% Medicare FFS Payment Sequestration

President Biden recently signed the Act to Prevent Across-the-Board Direct Spending Cuts, and for Other Purposes (the “Act”) (available here) into law. The Act extends the temporary suspension of certain mandatory Medicare FFS claim payment reductions until December 31, 2021. By way of background, the Budget Control Act of 2011…

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Adrienne Dresevic and Jessica L. Gustafson Nominated for ABA Health Law Section Leadership Positions

On April 13, 2021, the American Bar Association (ABA) Health Law Section Nominating Committee announced its slate of Officers and Council members for FY 2022.  The HLP is honored that two of our founding shareholders are included on this slate. The HLP congratulates Adrienne Dresevic on her nomination to serve…

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Update on Provider Relief Fund Reporting Requirements

On January 15, 2021, the Department of Health and Human Services (“HHS”) issued updated guidance on reporting requirements related to use of Provider Relief Fund (“PRF”) monies.  HHS will be issuing further updates, which will impact how providers are required to report and whether providers will be allowed to retain…

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New CMS Final Rule Provides Medicare Beneficiaries with Greater Surgical Options and Expands Coverage for Certain Surgical Procedures

The Centers for Medicaid & Medicare Services (CMS) recently released the 2021 Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Final Rule, which may be accessed here. Significantly, the Final Rule contains policy changes by CMS that are intended to provide Medicare patients and their physicians greater choices…

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CMS Issues Final Rule to Permanently Expand Medicare Telehealth Services

  The Centers for Medicaid & Medicare Services (CMS) recently released the 2021 Physician Fee Schedule (PFS) Final Rule. The PFS Final Rule is scheduled to be published on December 28, 2020, but an unpublished version may be accessed here. CMS has also issued a fact sheet, which overviews the…

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CMS and OIG Issue Updates to Stark Law, the Anti-Kickback Statute, and the Beneficiary Inducement Law

On November 20, 2020, in a joint effort, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) and the Centers for Medicare & Medicaid Services (“CMS”) issued final rules to revise and modernize the Physician Self-Referral Law (“Stark Law”), Anti-Kickback Statute (“AKS”) and Civil Monetary Penalties…

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New Michigan Law Prohibits Surprise Medical Billing

Michigan recently enacted legislation intended to protect consumers from surprise medical billing. The legislation amends Michigan’s public health code (PHC) by adding Article 18, which establishes disclosure requirements and limitations on payments for out-of-network providers (i.e., providers that do not participate in a patient’s health benefit plan) in certain circumstances.…

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How to Obtain Medicaid Enrollment Anniversary Date for New York OMIG and DRA Certification Requirements

This blog serves as an update to our previous blog, entitled “Update to New York OMIG and DRA Certification Requirements,” posted on November 10, 2020. The previous blog may be accessed here. By way of brief background, the New York State Department of Health (NYSDOH) announced in its October 2020…

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New York Law Requires Physicians to Immediately Post OPMC Signage

On October 7, 2020, New York Governor Cuomo signed into law a new requirement that “all physicians’ practice settings” must post conspicuous signage directing patients to the New York Office for Professional Medical Conduct’s (OPMC) website for information about patient rights and reporting professional misconduct. In particular, New York Public…

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Update to New York OMIG and DRA Certification Requirements

The New York State Department of Health (NYSDOH), in its October 2020 Medicaid Update (published last week on November 2, 2020), announced that the annual December certifications (i.e., the Office of the Medicaid Inspector General (OMIG) and Deficit Reduction Act (DRA) certifications (commonly referred to as the SSL Certification and…