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Indiana Medicaid Modifies Coverage of Certain Mental Health Services

By: Meghan M. Linvill McNab and on July 22, 2019

On May 30, 2019, the Indiana Health Coverage Programs (“IHCP”) released a bulletin (BT201929) stating that it is modifying coverage of crisis intervention, intensive outpatient treatment (“IOT”) and peer recovery services for Indiana Medicaid, effective July 1, 2019.  The two notable changes are…

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Changes to Indiana Physical Therapy Practice Act Provide Greater Authority to Physical Therapists

By: Stacy Walton Long and on July 1, 2019

The Indiana General Assembly recently passed legislation (“SB 586”), related to the regulation of physical therapists (“PTs”). Health care providers who utilize physical therapists should be aware of the administrative, licensing, and scope of practice changes included in SB 586. These regulatory…

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NPDB Insights and Proctoring Arrangements

By: Susan E. Ziel and Stacy Walton Long on June 27, 2019

Various healthcare providers use the National Practitioner Data Bank (NPDB) in connection with credentialing medical staff and reporting adverse corrective actions involving professional competence or conduct of practitioners.  

On a monthly basis, NPDB publishes an online report – NPDB Insights –…

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Indiana Medicaid Halts EnCred Development

By: Meghan M. Linvill McNab and Brandon W. Shirley on June 27, 2019

On June 12, 2019, the Indiana Family and Social Services Administration (“FSSA”) issued an announcement that it is suspending development of the new enrollment and credentialing system (“EnCred”) for Indiana Medicaid providers.

Prior to this announcement, FSSA had been developing EnCred in…

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CMS Moves Closer to Clarifying Hospital Co-Location Rules with Draft Guidance

By: Brandon W. Shirley and Meghan M. Linvill McNab on June 9, 2019

The Centers for Medicare and Medicaid Services (“CMS”) is seeking public comment on draft guidance regarding hospital co-location with other hospitals or healthcare facilities. The draft guidance, published on May 3, 2019, is CMS’s long awaited attempt to clarify shared space and shared staff…

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Direct HIPAA Enforcement Liability for Business Associates

By: Stacy Walton Long and on June 9, 2019

On May 24, 2019, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a new fact sheet. It compiles the various provisions of the Health Insurance Portability and Accountability Act (HIPAA) that impose direct liability on business associates. The fact sheet aims to…

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Indiana's New Legacy Trust: An Asset Protection Strategy for Hoosiers

By: Rodney S. Retzner on June 9, 2019

Indiana embarks on a bold, new planning strategy on July 1, 2019. As of that date, individuals will be able to avail themselves of “Legacy Trusts” as an additional method by which they can lawfully protect assets against creditors. Indiana residents have long been able to make gifts during life or…

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Revisions to Indiana Physician Assistant Laws Change Relationship from Supervisory to Collaborative

By: Stephanie T. Eckerle and on June 9, 2019

The Indiana General Assembly recently enacted legislation (“Bill 1248”) that changes the relationship between physicians and physician assistants (“PAs”) from that of a supervisory relationship to one of collaboration. Health care providers should be aware that Bill 1248 affects the form of…

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HHS Announces Changes to Maximum Monetary Penalties for HIPAA Violations

By: Stacy Walton Long and on May 21, 2019

The Department of Health and Human Services (HHS) recently announced its decision to significantly reduce the maximum annual penalties it will impose on health care providers for violating the Health Insurance Portability and Accountability Act (HIPAA). HHS previously applied the same maximum…

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CMS Unveils New Value-Based Payment Options for Primary Care Practices

By: Andrew W. Breck and Thomas N. Hutchinson on May 21, 2019

CMS recently announced new value-based care payment models aimed at transforming primary care in order to deliver better value for patients across the healthcare system.  Participation in the payment models will be available starting in January 2020 and is anticipated to attract 25% or more of…

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How "Effective" Is Your Compliance Program?

By: Susan E. Ziel and Andrew W. Breck on May 21, 2019

Measuring corporate compliance program  “effectiveness”  is recommended by several authorities, including the United States Sentencing Commission[1] and the Department of Health and Human Services’ Office of Inspector General (“OIG”)[2].  The goals of an assessment process should be: (1) to identify…

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Are You A "Health Care Business" for Bankruptcy Purposes?

By: C. Daniel Motsinger, , and Kay Dee Baird on May 1, 2019

The day any enterprise starts contemplating a bankruptcy filing never is a happy one. If the enterprise is in the health care industry, added anxiety can arise over whether it qualifies as a “health care business” under the United States Bankruptcy Code. Among other provisions applicable to a…

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