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Indiana Improves Telemedicine Reimbursement During COVID Emergency

By: Brandon W. Shirley and Stephanie T. Eckerle on October 19, 2020

The Indiana Office of Medicaid Policy and Planning (“OMPP”) announced new changes to telemedicine reimbursement that aligns all Medicaid payor policies (fee-for-service and Medicaid managed care). The changes, applicable to claims with dates of service beginning September 24, 2020, allow providers…

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Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers

By: Andrew W. Breck and Shelley M. Jackson on October 7, 2020

Governor Holcomb recently issued Executive Order 20-45 extending the ability of certain health care providers to practice in the State of Indiana in response to the current COVID-19 public health emergency.  Specifically, the Executive Order applies to the following health care professionals who…

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CMS Takes into Consideration the “Totality of the Circumstances” in Withdrawing its Far Reaching Medicaid Fiscal Accountability Rule

By: Meghan M. Linvill McNab and Amanda K. Schipp on September 15, 2020

On November 18, 2019, the Medicaid world was “rocked” when the Centers for Medicare and Medicaid Services (“CMS”) published a proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”).  While intending to strengthen the fiscal integrity and promote transparency of the Medicaid…

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Recruiting Success Tips for Progressive Practices

By: Thomas N. Hutchinson and Andrew W. Breck on September 14, 2020

For years, many experts have predicted the disappearance of private medical practices in favor of hospital-employed arrangements. In fact, a 2019 Merritt Hawkins study found that 45% of final-year medical residents were open to hospital employment. This compares to just 36% in 2014 and 22% in 2008.…

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Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements

By: Andrew W. Breck and Meghan M. Linvill McNab on September 2, 2020

On August 25, 2020, CMS issued an Interim Final Rule (“New Rule”) revising regulations for numerous provider types in response to the COVID-19 public health emergency.  With respect to Skilled Nursing Facilities for Medicare and Nursing Facilities for Medicaid (collectively, “Nursing Homes”), the New…

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Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned

By: Brandon W. Shirley and Meghan M. Linvill McNab on September 2, 2020

The Department of Health and Human Services, Office of Inspector General (“OIG”) conducted an audit and published a new report (“Report”) that identifies inconsistencies and questionable extrapolation practices used by Medicare contractors to identify Medicare Part A and B overpayments. While the…

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OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties

July 29, 2020

In a pair of press releases, the Office of Civil Rights (“OCR”) announced that it had resolved unrelated complaints relating to religious liberty in the context of overzealous Covid-19 precautions. The first case involved a hospital preventing a Catholic priest from visiting with a seriously…

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Acknowledging State Challenges in Medicaid Administration

By: Meghan M. Linvill McNab and Amanda K. Schipp on July 20, 2020

Earlier this year, the U.S. Government Accountability Office (“GAO”) issued a Report to Congressional Requesters (“Report”) recognizing state views on administration challenges with the Medicaid program. The audit informing the Report lasted nearly two years and was conducted in response to a…

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Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020

By: Brandon W. Shirley and Stephanie T. Eckerle on July 14, 2020

House Bill 1004 (“HB 1004”), signed into law earlier this year, imposes new patient billing requirements affecting health care providers and health care facilities beginning July 1, 2020. With few exceptions, HB 1004 requires health care providers and facilities to give a patient a good faith…

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IRS Adds Frequently Asked Questions Addressing Taxation of Provider Relief Payments

By: Kendall A. Schnurpel and Brian M. Heaton on July 14, 2020

Late last week, the Department of Health and Human Services (“HHS”) updated its Frequently Asked Questions (“FAQ”) webpage to provide guidance on the tax treatment of payments received under the Public Health and Social Services Emergency Fund (the “Provider Relief Fund”). The new FAQ makes it…

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Nursing Homes Required to Test All Staff Members for COVID-19

By: Meghan M. Linvill McNab and on June 18, 2020

As we previously reported, with case counts accumulating amongst the vulnerable patient population in nursing homes, the Indiana State Department of Health (“ISDH”) has mandated that all nursing home (“facility”) staff must undergo testing for COVID-19, free of charge, during the period of June 15,…

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How Does My Compliance Program Measure Up?

By: Susan E. Ziel and Andrew W. Breck on June 9, 2020

While the goal of any organization is to avoid investigation by government agencies altogether, the reality is that health care providers operate in a highly regulated industry resulting in greater risk of encountering an enforcement action at some point.  Therefore, it is imperative to consider how…

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