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ISDH Issues Proposed Rule Amending the Newborn Screening Program

By: Thomas N. Hutchinson on May 23, 2018

On May 9, 2018, the Indiana State Department of Health issued a proposed rule to amend certain regulations governing the Newborn Screening Program in 410 Indiana Administrative Code 3-3 (the “Proposed Rule”).  The Proposed Rule amends the list of disorders newborns must be screened for and the time…

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Importance Of Having A Contingency Plan

By: Stacy Walton Long and Stephanie T. Eckerle on May 23, 2018

In March 2018, the U.S. Department of Health and Human Services Office of Civil Rights (OCR) issued a newsletter entitled, “Plan A… B… Contingency Plan!” While contingency plans are already required under the HIPAA Security Rule1, OCR’s newsletter provides guidance regarding the importance and…

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Update on the May Meeting of the Indiana Commission to Combat Drug Abuse

By: Amy M. Levander on May 9, 2018

The Indiana Commission to Combat Drug Abuse (“Commission”) met on Thursday, May 3, 2018 to continue its collaboration and work to combat various drug and addiction issues in Indiana. 

Several updates on current initiatives were first provided, including the status of INSPECT integration, the state’s…

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Indiana Medicaid Finalizes Rule Changes Affecting Medicaid Home Health Providers

By: Thomas N. Hutchinson and Brandon W. Shirley on May 9, 2018

The Office of the Secretary of Family and Social Services finalized LSA Document #17-342, which is a rule amendment that impacts Indiana Medicaid home health service providers (“Final Rule”).[1] In general, the Final Rule seeks to align Indiana home health service policies with those of 42 C.F.R.…

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OCR Issues Guidance on the Performance of a HIPAA Risk Analysis v. a Gap Analysis

By: Stephanie T. Eckerle and Stacy Walton Long on May 9, 2018

In April 2018 the U.S. Department of Health and Human Services Office of Civil Rights (OCR) published guidance entitled “Risk Analyses v. Gap Analyses – What is the difference?” (the “Guidance”).[1] This Guidance is extremely helpful for both covered entities and business associates on the…

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Bipartisan Budget Act Includes Important Changes to Fraud and Abuse Penalties

By: Thomas N. Hutchinson and Brandon W. Shirley on April 30, 2018

The Bipartisan Budget Act of 2018 (“BBA”) was signed into law February 9 and funds the federal government through March 23. Additionally, the legislation contains significant health care policy changes. Of important note are dramatic increases to civil and criminal penalties for federal health care…

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CMS Proposes Four Rules ??" SNF, IRF, Hospice, IPF

By: Robert A. Anderson and Meghan M. Linvill McNab on April 30, 2018

On April 27, 2018, CMS announced four (4) new proposed rules to “advance administrative burden reduction, Medicare modernization, and the Meaningful Measures Initiative.”   These proposed regulations apply to the following payment systems: (i) Skilled Nursing Facilities Prospective Payment System…

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Indiana Legislature Modifies Medical Consent and POST Statutes

By: Robert A. Anderson and Stacy Walton Long on March 26, 2018

The Indiana Legislature recently made several significant and common sense changes to Indiana’s medical consent statute (I.C. 16-36-1-1 et. seq.) and added a new section to the Indiana Code about Physician Orders for Scope of Treatment (POST) forms (I.C. 16-36-6-21), both of which are effective…

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CMS Revises the MLN Telehealth Services Booklet

By: Stephanie T. Eckerle and Brandon W. Shirley on March 26, 2018

In February 2018, the Center for Medicare and Medicaid Services (“CMS”) revised its MLN Booklet on Telehealth Services (the “Telehealth Booklet”).[1]  Medicare continues to be fairly restrictive in terms of reimbursing telehealth services. While the Telehealth Booklet does not announce any…

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Legislation Streamlining Prior Authorization Requirements for Commercial Health Insurance Plans Becomes Law

By: Amy M. Levander on March 25, 2018

On March 14, 2018, Governor Eric J. Holcomb signed into law a measure that provides for significant streamlining of the prior authorization requirements for health care services covered by commercial health insurance plans in Indiana that are not otherwise governed by ERISA.  House Enrolled Act 1143…

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Bill Requiring Practitioners to Check INSPECT Before Prescribing Passes House, Senate; Gov. Holcomb to Sign

By: Amy M. Levander on March 19, 2018

Governor Eric Holcomb is expected to sign legislation aimed at curbing Indiana’s growing opioid crisis, one of Governor Holcomb’s top agenda items for the 2018 legislative session. Senate Enrolled Act 221 (“SEA 221”) requires prescribers to have access to and utilize INSPECT, a state-sponsored…

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CMS Reminder Regarding Services Rendered by Hospitals to Patients Staying in Other Facilities

By: Leah S. Mannweiler and Meghan M. Linvill McNab on March 18, 2018

The Centers for Medicare and Medicaid Services (“CMS”) recently issued guidance (MLN Matters SE17033 – Revised) re-emphasizing that Medicare should not pay an acute care hospital for services furnished to a Medicare beneficiary, when the beneficiary is still an inpatient of another facility, such…

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