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Rural Emergency Hospital Providers - What We Know and What's to Come

By: Meghan M. Linvill McNab and Thomas N. Hutchinson on August 19, 2021

The Consolidated Appropriations Act of 2021 adds a new rural emergency hospital (“REH”) provider type for Medicare and adds Medicare coverage for REH Services, effective January 1, 2023.

New REH provider type for Medicare: 

  • An REH is a former1 critical access hospital (“CAH”) or rural PPS hospital,…

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Don't Let Expiration of Emergency COVID Waivers Leave You With Unlicensed Members of the Care Team

By: Brandon W. Shirley and Stacy Walton Long on August 11, 2021

Indiana Executive Orders that temporarily authorized certain health care students to practice in Indiana under a temporary license are set to expire on September 30, 2021. Executive Orders (EO 21-17 and EO 21-19) allowed physician assistant students, nursing students, respiratory care practitioner…

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Under New Hospital Cost Transparency Requirements, Is the Cost of Noncompliance Now Too Much?

By: Brandon W. Shirley and Thomas N. Hutchinson on August 11, 2021

The Centers for Medicare and Medicaid Services (“CMS”) is prepared to increase hospital cost transparency penalties for noncompliance established under prior rules beginning January 1, 2022. In a proposed rule published on July 19, 2021, CMS proposed several new requirements that include: 1) basing…

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Indiana’s New Advanced Health Care Directive

By: Rodney S. Retzner, Thomas N. Hutchinson, and Micah J. Nichols on August 10, 2021

On July 1, 2021, Indiana significantly broadened the options for an individual to make health care wishes known through an “Advanced Directive for Health Care Decisions” (an “Advanced Directive”). Senate Enrolled Act No. 204 (“SEA 204”), effective as of July 1, allows individuals to make their…

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Senate Appropriations Committee Votes to Expand Vet Access to Medicinal Cannabis

By: Kendall A. Schnurpel and on August 9, 2021

On Wednesday, August 4, 2021, the Senate Appropriations Committee approved an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (“2022 VA Appropriations Bill”) that would allow doctors with the Department of Veterans Affairs (“VA”) to recommend…

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The Continuation of Long Term Care Provider Waivers

By: Meghan M. Linvill McNab and Thomas N. Hutchinson on August 6, 2021

On July 29, 2021, Governor Holcomb renewed the public health emergency (“PHE”) for another 30-day period, set to expire on August 30, 2021 unless otherwise withdrawn or further renewed. 

The Indiana Department of Health (“IDOH”) has published a series of emergency orders waiving certain requirements…

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Vaccine Verdict: 7th Circuit Declares Indiana University’s Vaccine Mandate Constitutional

By: and Virginia A. Talley on August 6, 2021

The 7th Circuit Court of Appeals (the “Court”) recently issued a unanimous appellate decision in Klassen, et al. v. Trustees of Indiana University, ruling that Indiana University’s (the “University”) COVID-19 vaccine mandate (the “Mandate”) did not violate any constitutional right. The University…

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Biden Administration Issues Executive Order on Promoting Competition (Podcast)

By: Scott S. Morrisson, Elizabeth M. Roberson, and George C. Lepeniotis on July 21, 2021

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Don’t Be Caught by Surprise! Prepare for New Medical Surprise Billing Laws Effective January 1, 2022

By: Brandon W. Shirley on July 15, 2021

On July 1, 2021, several federal regulatory departments took their first steps toward finalizing new regulations implementing a new federal law that eliminates surprise medical bills. The law, the No Surprises Act, attempts to achieve that objective by changing the way out-of-network providers seek…

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Congress Reintroduces Marijuana Data Collection Act: Reevaluating Federal Marijuana Policy

By: and Kendall A. Schnurpel on June 28, 2021

Through a bipartisan effort, the Marijuana Data Collection Act (MDCA) was recently reintroduced into the U.S. Congress. Senator Bob Menendez (D-NJ) introduced the MDCA in the Senate, cosponsored by Senator Rand Paul (R-KY). Reps. Sylvia Garcia (D-TX) and Don Young (R-AK) introduced the MDCA in the…

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COVID-19 Vaccination Mandates in the Workplace (Podcast)

By: Amy J. Adolay and George C. Lepeniotis on June 21, 2021

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Balancing Patient Privacy with Access to Electronic Medical Records Could Trigger Medical Malpractice Liability

By: Robert A. Anderson, Stephanie T. Eckerle, and Katelyn E. Doering on June 14, 2021

The Indiana Court of Appeals recently held that clinic policies relating to physician access to an electronic medical record system were not general negligence allegations but were subject to the Indiana Medical Malpractice Act. In Rossner v. Take Care Health Systems, LLC, the Court affirmed the…

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