Health Law

Published on: June 24, 2010 | by The Health Law Partners

CMS Issues The Medicare Recovery Audit Contractor (RAC) Program: Update to the Evaluation of the Three-Year Demonstration Program

On June 14, 2010, CMS published a report entitled, “The Medicare Recovery Audit Contractor (RAC) Program: Update to the Evaluation of the 3-Year Demonstration Program.” This report contains statistics through March 9, 2010 and includes updated appeals data. The new report reveals a much lower number of appeals than had previously been reflected. Specifically, the […]

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Published on: June 18, 2010 | by The Health Law Partners

Temporary Certification Program for EHR Technology Announced

A final rule establishing the temporary certification program for electronic health record (“EHR”) technology was released today by the Office of the National Coordinator for Health Information Technology (“ONC”). As explained by the HHS press release and in a previous HLP blog about the proposed rule, the HITECH Act of 2009 established incentives for providers […]

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Published on: June 14, 2010 | by The Health Law Partners

New York Hospital Associations Predict Healthcare Spending Cuts May Harm Providers

The New York State Legislature has approved about $775 million in spending cuts for healthcare as part of a budget “extender” package on June 7, 2010. The legislation, in addition to requiring the State to save $300 million in Medicaid fraud costs, also presents considerable financial challenges for healthcare providers in the state. Facilities across […]

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Published on: June 13, 2010 | by The Health Law Partners

Congress Exhorted To Avert Medicare Pay Cuts

In President Obama’s weekly national address on Saturday, Mr. Obama called for Congress to quickly take action to ensure that a planned 21 percent decline in Medicare reimbursement for physicians, which is set to take effect this week, is averted. Proposals to address this draconian cut for doctors who see Medicare patients have been stalled […]

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Published on: June 12, 2010 | by The Health Law Partners

New IRS Tax Credit Benefits Small Employers

In Notice 2010-44, the Internal Revenue Service (IRS) outlined the tax credit for employee health insurance expenses available to certain small businesses under Section 45R of the Internal Revenue Code. Effective for taxable years beginning in 2010, the 45R credit is available to an employer when (1) the employer has fewer than twenty-five full-time equivalent […]

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Published on: June 10, 2010 | by The Health Law Partners

CMS Identifies Inpatient Rehabilitation Facility (IRF) Overpayments

On June 9, 2010, the Office of Inspector General (OIG) published a report regarding inpatient rehabilitation facility (IRF) payments made in 2006 and 2007. According to this report, over half of the claims reviewed (i.e., 113 out of 200 claims) resulted in overpayments, because the providers failed to submit patient assessment instruments within the requisite […]

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Published on: June 1, 2010 | by The Health Law Partners

CMS Issues Guidance On ACOs

At this juncture, healthcare providers, to a greater or lesser extent, have begun to acquire at least a basic understanding of the recent federal health reform legislation, commonly known as the Patient Protection and Affordable Care Act (PPACA). At the same time, many in the provider community are looking beyond the contours of the PPACA, […]

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Published on: May 28, 2010 | by The Health Law Partners

RED FLAGS RULE AND IDENTITY THEFT- ENFORCEMENT DELAYED YET AGAIN

In a not surprising turn of events, days before the June 1st deadline, the Federal Trade Commission (“FTC”) announced that it is again delaying the enforcement of the identity theft regulations through December 31, 2010. This latest delay came at the request of certain members of Congress while Congress considers legislation that would affect the […]

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Published on: May 16, 2010 | by The Health Law Partners

Maximum Period for Submission of Medicare Claims Reduced to Not More Than 12 Months

On May 7, 2010, CMS promulgated Transmittal 697 to align the requirements governing the timely filing limits (for submitting claims for Medicare Fee-for-Service (“FFS”) reimbursement) with the requirements set forth in the Patient Protection and Affordable Care Act (the “PPACA”). By way of background, a service provider or supplier formerly had been required to submit […]

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Published on: May 16, 2010 | by The Health Law Partners

Precipitous Increase in Fraud And Abuse Recoveries To Medicare Trust Fund

As reported in the May 14th HLP blog, the Departments of Justice (DOJ) and Health and Human Services (HHS) recently released the Health Care Fraud and Abuse Control Program (HCFAC) Annual Report for Fiscal Year 2009, which reflects that $2.51 billion was deposited to the Medicare Trust Fund in 2009, as a result of more […]

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