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Delaware Issues New Regulation to Clarify Telemedicine Statute

By: Stephanie T. Eckerle on July 16, 2018

On June 1, 2018, the Delaware Board of Medical Licensure and Discipline (the “Board”) issued a Final Rule to add a new regulation to Title 24, Chapter 1700 of the Delaware Administrative Code in order to clarify certain terms used in the telemedicine and telehealth statute found at Title 24,…

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New Indiana Health Care Laws

By: Amy M. Levander on July 16, 2018

This article summarizes many of the notable health care laws that were passed during the 2018 legislative session, which includes laws that are effective July 1, 2018, as well as laws that are effective after July 1, 2018.  These laws affect both healthcare institutions, as well as individual…

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OIG Advisory Opinion No. 18-03: Provision of Free Telemedicine Hardware & Services

By: Marc T. Quigley on July 16, 2018

On May 24, 2018, the Office of Inspector General (OIG) issued Advisory Opinion No. 18-03, which evaluated a proposed arrangement between a federally qualified health center look-alike (the “Provider”) and a county health clinic (the “County Clinic”), whereby the Provider would supply telemedicine…

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FSSA Revises Timely Filing Limit for Fee-For-Service Claims to 180 Days

By: Amy M. Levander on June 27, 2018

On June 19, 2018, the Family and Social Services Administration’s (“FSSA”) Indiana Health Coverage Programs (“IHCP”) released provider bulletin BT201829 regarding revising the timely filing limit for Medicaid fee-for-service claims.   Beginning January 1, 2019, Medicaid fee-for-service claims will be…

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Court Finds Restrictive Covenant Unenforceable Against Hospital-Based CRNAs

By: Robert A. Anderson and Amy J. Adolay on June 27, 2018

A recent Indiana case involving a non-compete in the healthcare field is worth review. In Great Lakes Anesthesia, P.C. v. O’Bryan, the Indiana Court of Appeals held that a restrictive covenant between an independent anesthesia group and two of its hospital-based CRNAs was unenforceable once the…

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FSSA Extends and Updates Indiana's Hospital Assessment Fee Program

By: Thomas N. Hutchinson on June 27, 2018

On May 17, 2018, the Family and Social Services Administration (“FSSA”) published a final rule, LSA Document #17-552 (“Final Rule”), to update and extend Indiana’s Hospital Assessment Fee (“HAF”) program.[1]  The Final Rule amends 405 IAC 1-8-5 and 405 IAC 1-10.5-7 to extend the HAF program through…

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The Joint Commission to Require Immediate Notification for Loss of Deemed Status

By: Robert A. Anderson and Brandon W. Shirley on June 19, 2018

The Joint Commission recently announced a new element of performance to Accreditation Participation Requirement APR.01.03.01 (“Element of Performance”). The Element of Performance requires immediate notification to The Joint Commission when the Centers for Medicare and Medicaid Services (“CMS”)…

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Indiana Medicaid Proposes Overhaul of Program Integrity Rules

By: Brandon W. Shirley and Amy M. Levander on June 19, 2018

On June 13, 2018, the Indiana Office of Medicaid Policy and Planning (“OMPP”) published a notice of intent (“NOI”) to adopt an administrative rule (“LSA #18-251”) that overhauls existing program integrity, Medicaid provider appeals, and Medicaid enrollment rules and requirements. The NOI states in…

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Recent OIG Opinion Permits Free Samples to Patients

By: Thomas N. Hutchinson and Meghan M. Linvill McNab on June 19, 2018

On April 30, 2018, the Department of Health and Human Services, Office of Inspector General (“OIG”), issued an Advisory Opinion regarding an Arrangement whereby a Company that distributes and sells medical device and pharmaceutical products provides a limited number of sample ostomy products to…

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Illinois Medicaid Proposes Changes to Certain Psychiatric & Behavioral Health Payments

By: Stacy Walton Long on June 12, 2018

In a May 25, 2018 notice, the Department of Healthcare and Family Services (the “Department”) announced a proposed change in the methods and standards by which the Department will reimburse providers for psychiatric and behavioral health services.[1] The proposed changes, effective for dates of…

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False Claims Act Settlement Puts Spotlight on Pharmacy Auto-Refills For Medicaid Beneficiaries

By: Stephanie T. Eckerle on June 12, 2018

A May 29, 2018 United States Attorney’s Office District of Minnesota press release reported that Wal-Mart Stores, Inc. and Sam’s West, Inc. (d/b/a Sam’s Club) have agreed to pay a total of $825,000 to resolve allegations that the stores violated the federal False Claims Act and Minnesota False…

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Considerations for Business Owners as a Result of the New IRS Partnership Audit Rules

May 23, 2018

The Bipartisan Budget Act of 2015 (the “Act”) changed the IRS partnership audit rules effective as of January 1, 2018.  The changes to the partnership audit rules are unrelated to the much-publicized Tax Cuts and Jobs Act of 2017, but the new partnership audit rules should not be overlooked by…

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