July 23, 2010
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On June 18, 2010, the Illinois Department of Public Health issued a Notice of Proposed Amendments to the Hospital Licensing Requirements, which implements two statutes enacted by the Illinois General Assembly in 2009.
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July 20, 2010
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The Centers for Medicare and Medicaid Services (CMS) have released the Final Rule for the Medicare and Medicaid Electronic Health Record (EHR) Incentive Program (the Meaningful Use Final Rule). Simultaneously, the Office of the National Coordinator for Health Information Technology (ONC) released its Final Rule addressing certification criteria for EHRs (the Certification Criteria Final Rule). These two Final Rules establish what criteria and technical standards constitute the meaningful use of EHR technology and establish eligibility for incentive payments.
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July 8, 2010
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On June 25, 2010, President Obama signed The Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 into law. The Act provides a six-month delay of earlier legislation which, effective June 1, 2010, imposed a 21 percent reduction in reimbursement under the Medicare Physician Fee Schedule (MPFS). The Act also increases MPFS reimbursement by 2.2 percent through November 30, 2010.
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June 8, 2010
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The popular Polsinelli Shughart Health Care Breakfast Series returns with an opportunity to ask questions of lawyers in the firm's Health Care Law practice. During the complimentary breakfast event, attendees will gain perspective on how providers are navigating complicated reimbursement issues and creating business opportunities.
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June 8, 2010
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On April 13, 2010, the Joint Committee on Administrative Rules adopted amended Health Facilities and Services Review Board Administrative Rules (Amended Rules). The Amended Rules are effective for all certificate of need applications filed on or after April 13, 2010. The two most notable changes to the Amended Rules are the addition of charity care as a new criterion on the certificate of need application and waiver criteria for the financial viability requirements.
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June 2010
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The Illinois Department of Public Health (IDPH) recently expanded the Hospital Report Card and Consumer Guide to Health Care Web site by updating and adding new categories of data. The Hospital Report Card and Consumer Guide to Health Care Web site was originally launched in November 2009 as part of the implementation of the Hospital Report Card Act (210 ILCS 86). Under this legislation, all Illinois hospitals are required to report quality data regarding nursing care and infection control on a quarterly basis to the IDPH.
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June 1, 2010
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Steven K. Stranne and Alan K. Parver, Shareholders with Polsinelli Shughart PC, will provide a framework for understanding the new law and the ongoing trends in reimbursement, coverage, coding and funding for medical devices during a complimentary webinar event June 9.
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May 25, 2010
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On March 18, 2010, the Joint Commission issued the revised Medical Staff standard MS.01.01.01, which was originally known as MS.1.20. This standard addresses the governance structure of the Medical Staff and its accountability to the hospital's Governing body.
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04/29/2010
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Bruce R. Hopkins and Douglas K. Anning of Polsinelli Shughart's Nonprofit Organizations group presented a special webinar April 29 on the landmark Patient Protection and Affordable Care Act and its implications for nonprofit organizations. Click on the headline above and follow the instructions to view the webinar in its entirety.
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04/16/10
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The landmark Patient Protection and Affordable Care Act signed by President Obama has relevance for nonprofit organizations, principally hospitals. The new developments in the tax-exempt arena may leave organizations struggling to understand and comply. Bruce R. Hopkins and Douglas K. Anning of Polsinelli Shughart's Nonprofit Organizations group have analyzed the new legislation and will share important implications for your nonprofit organization in a special complementary one-hour webinar event April 29.
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February 25, 2010
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As part of the Health Information Technology for Economic and Clinical Health Act, the Office of the National Coordinator for Health Information Technology (ONCHIT) released on December 30, 2009, an Interim Final Rule (IFR) that was published in the Federal Register on January 13. That IFR detailed the initial set of standards, implementation specifications and certifications criteria that must be achieved in order to demonstrate the first stage of the "meaningful use" of electronic health record (EHR) technology and, by doing so, establish eligibility for various incentive programs.
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February 10, 2010
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Advisory board members of BNA's Health Law Reporter, including Polsinelli Shughart Shareholder Fred Entin, have released their annual outlook report, identifying the top 10 health law issues organizations should be aware of during the coming year, and commenting on what changes, if any, are likely to occur. While the recent Senate election in Massachusetts has created uncertainty about whether reform measures might be passed by Congress this year, health care reform continues to be a very important issue.
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January 28, 2010
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The Health Information Technology for Economic and Clinical Health Act (HITECH), which was included as part of the American Recovery and Reinvestment Act of 2009, created three incentive programs targeted at eligible health care professionals and hospitals that can demonstrate “meaningful use” of electronic health records (EHR). These programs provide payment incentives in the Medicare Fee-for-Service (FFS), Medicare Advantage (MA) and Medicaid programs. In order for hospitals and health care professionals to take full advantage of the EHR incentive programs, it is important to learn and understand the eligibility criteria and how to meet them.
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December 1, 2009
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On October 30, 2009, the Federal Trade Commission (“FTC”) delayed the enforcement date of the “Red Flag Rules” for the third time - until June 1, 2010. The Red Flag Rules require the implementation of a written compliance program to provide for the identification and detection of, and response to patterns, practices, or specific activities (red flags), that could indicate identity theft.
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November 24, 2009
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On October 30, 2009, the Centers for Medicare and Medicaid Services released the final rules for 2010 addressing the Outpatient Prospective Payment System (OPPS Final Rule) and the Physician Fee Schedule (PFS Final Rule). Combined, the two final rules and commentary comprise over 3,500 pages and address a variety of issues related to the payment system for hospital outpatient departments and physician practices.
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November 6, 2009
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On October 30, 2009, the U.S. Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR), issued an interim final rule (Rule) to conform current regulations addressing Civil Money Penalties (CMPs) for violations of the HIPAA regulations to the statutory amendments made pursuant to the Health Information Technology for Economic and Clinical Health Act (HITECH), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA).
HHS invited public comments to the interim final rules until December 29, 2009. The interim final rule becomes effective on November 30, 2009, and HHS will consider all public comments to the interim final rule that it receives through December 29, 2009.
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October 23, 2009
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On October 1, 2009, the Office of Inspector General (OIG) published its Work Plan for 2010. The Work Plan identifies new, continued and revived programs and activities that will be the focus of the OIG in 2010. Health care providers should use the Work Plan as a reference guide to identify potential corporate compliance risk areas, update current policies and programs and determine the scope and focus of its annual audit plan.
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September 29, 2009
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On September 24, 2009, Governor Jay Nixon issued an executive order to examine the issues relating to timely reimbursement of Missouri hospitals and healthcare providers by health insurance companies. This update from Polsinelli Shughart's Health Care group provides information on the project and its effects on hospitals and providers.
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September 8, 2009
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New regulations, which apply to vendors who offer individuals a place to electronically store their personal health record, as well as, health care providers, health plans and clearinghouses who transmit health information electronically, expand the reach of HIPAA and federal privacy rules. With an increase in civil money penalties as well, it is important that organizations have accurate information about what is required and what the remedies are for not meeting the requirements.
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August 21, 2009
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A new CMS manual change which will significantly affect "consignment closet" or "stock and bill" arrangements between physicians and non-physician practitioners and DMEPOS suppliers. These changes are usually made by regulation and provide the practitioners with notice of the impending change. However, this change could require significant restructuring of existing arrangements and has been adopted by Manual change with an effective date of September 8, 2009.
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August 10, 2009
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Consolidating medical groups into large-scale physician practices is the wave of the future and will ultimately increase patient access to healthcare. Randal L. Schultz, vice chair of the Polsinelli Shughart Health Care group, will address the topic at a September 13 presentation to the Medical Development Specialists (MDS) Annual Conference in Las Vegas, Nevada.
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June 18, 2009
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The substantive and procedural changes to the civil False Claims Act (FCA) sweep broadly and will affect many health care providers, as well as other industry groups. Health care providers need to review their compliance programs and ensure such programs reflect the recent changes in the FCA.
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May 19, 2009
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Effective May 18, 2009, any Ambulatory Surgical Center (ASC) that has an agreement with Centers for Medicare and Medicaid Services (CMS) to participate in Medicare as an ASC must meet new notice provisions for patients of the ASC. The notice provisions set forth in the conditions for coverage require the ASC to provide to all patients (whether Medicare or private pay patients) or their representatives, in advance of the date of the procedure certain information.
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May 7, 2009
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On April 22, 2009, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) released a report finding nursing home corporations under quality of care corporate integrity agreements (CIAs) enhanced their quality of care structures and processes by integrating quality into their compliance programs. This report supports the fact that quality can be improved by integrating it with compliance.
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April 20, 2009
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Signed into law by President Obama on February 17, 2009, the American Recovery and Reinvestment Act (The Act) is intended to spur a significant change in the nation’s economic downturn. While The Act includes federal tax cuts and domestic spending in areas such as health care, it also includes non-economic recovery items such as a study on the effectiveness of medical treatments, which was a part of longer-term plans.
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February 13, 2009
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With a struggling economy and a new president promising action, the stage is set for changes in the nation’s health care system. Advisory board members of BNA’s Health Law Reporter, including Polsinelli Shughart attorney Fred Entin, have released their annual outlook report, identifying the top 10 health law issues organizations should be aware of during the coming year, and commented on what changes, if any, are likely to occur.
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