Jeff Wurzburg (US)

Firm/Organization: Norton Rose Fulbright

Latest Articles

The Joint Commission releases sentinel event statistics for first six Months of 2019

By Yvonne Puig (US) & Jeff Wurzburg (US) on August 15, 2019

On August 14, 2019 The Joint Commission (TJC) released sentinel event statistics for the first half of 2019, which included 426 events. 83% of the events were voluntarily self-reported by an accredited or certified organization. The five most frequently reported sentinel events were: Unintended retention of a foreign body part – 60 Wrong-site surgery – 29 Fall – 25 Suicide (inpatient) – 21 Suicide (offsite) – 21 TJC noted that less than 2% of all…

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CMS releases FY 2020 IPPS and LTCH PPS final rule

By Jeff Wurzburg (US), Mark Faccenda (US) & Thomas Dowdell (US) on August 9, 2019

On August 2, 2019, the Centers for Medicare & Medicaid Services (CMS) published its Fiscal Year (FY) 2020 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Acute Care Hospital (LTCH) Prospective Payment System (PPS) final rule (CMS-1716-F). The final rule is scheduled to be published in the Federal Register on August 16, 2019. CMS also published a fact sheet describing the proposed rule, which may be found here. This final rule…

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The Joint Commission Issues Sentinel Event Alert on Direct Oral Anticoagulants

By Yvonne Puig (US) & Jeff Wurzburg (US) on July 31, 2019

On July 30, 2019, The Joint Commission (TJC) issued Sentinel Event Alert 61: Managing the risks of direct oral anticoagulants (“DOACs”). The alert may be found here. According to TJC, “anticoagulants have been named second of the top medications involved in error incidents causing death or serious harm.” Because there are not FDA-approved reversal agents for all DOACs, there can be severe bleeding complications where patients aren’t assessed in line with guidelines regarding the…

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MEDICAID UPDATE: New Hampshire Work Requirements Vacated / Utah’s Partial Expansion Request

By Jeff Wurzburg (US) on July 30, 2019

New Hampshire “We’ve all seen this movie before” – Judge James Boasberg, Philbrick v. Azar On July 29 HHS approval of work and community engagement requirements as a condition of eligibility for Medicaid was again found to be arbitrary and capricious. This time Judge James Boasberg ruled that New Hampshire’s efforts to impose work requirements as a condition of Medicaid eligibility should be halted and vacated the Secretary’s approval. Judge Boasberg issued similar rulings earlier…

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Allina Update: Supreme Court holds Medicare statute requires notice and comment for DSH payment change

By Yvonne Puig (US), Thomas Dowdell (US), Frances Morgan (US) & Jeff Wurzburg (US) on June 4, 2019

In a decision with potentially far reaching implications for Medicare hospital reimbursement, on June 3 the U.S. Supreme Court ruled 7-1 against the U.S. Department of Health and Human Services (“HHS”) in Azar v. Allina Health Services. The Court affirmed the U.S. Court of Appeals for the D.C. Circuit decision that vacated a rate calculation methodology for disproportionate share (“DSH”) payments because the Medicare statute requires notice-and-comment rulemaking. The decision will impact billions of…

Health Law Pulse

Texas Attorney General addresses prompt pay requirements for out-of-network emergency services

By Yvonne Puig (US) & Jeff Wurzburg (US) on May 23, 2019

An Attorney General Opinion (KP-0250) released on May 22 provides that a court would likely find that the deadline provisions in the Texas Insurance Code applicable to Health Maintenance Organizations (“HMOs”) and Preferred Provider Organizations (“PPOs”) relating to prompt payment apply to out-of-network emergency care providers, while the penalty provisions contained do not apply to these claims. The deadlines provided in sections 843.338 and 1301.103 provide timeliness requirements for when an HMO or PPO must…

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MEDICAID ALERT: Work and community engagement requirements blocked by federal court

By Jeff Wurzburg (US) on March 28, 2019

“As Opening Day arrives, the Court finds its guiding principle in Yogi Berra’s aphorism, “It’s déjà vu all over again.”” – Judge James Boasberg, Gresham v. Azar. On March 27, United States District Court for the District of Columbia Judge James Boasberg ruled that Department of Health & Human Services Secretary Azar’s approval of work and community engagement requirements in Arkansas and Kentucky were arbitrary and capricious, halting their implementation. The Gresham v. Azar opinion…

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Medicaid update

By Jeff Wurzburg (US) on March 22, 2019

The Trump Administration took several steps this past week in support of its efforts to transform the Medicaid program. In testimony before Congress on Thursday, March 14, HHS Secretary Alex Azar confirmed the agency is engaging in discussions with states interested in receiving federal Medicaid funding through block grants. The same day, oral arguments were heard in challenges to the Section 1115 work and community engagement waivers granted in Kentucky and Arkansas, with Judge Boasberg…

Health Law Pulse

The Joint Commission releases sentinel events for 2018

By Yvonne Puig (US) & Jeff Wurzburg (US) on March 14, 2019

On March 13, 2019, The Joint Commission released Sentinel Event statistics for 2018. There were 801 sentinel events in 2018, with 87% being voluntarily self-reported. According to the Joint Commission, it is estimated that less than 2 percent of all sentinel events are reported. The Joint Commission defines a sentinel event as: Any unexpected occurrence involving death or serious physical and psychological injury, or the risk thereof. Serious injuries specifically include a loss of limb…

Health Law Pulse

Centers for Medicare and Medicaid Innovation announces emergency transportation model

By Jeff Wurzburg (US) on February 18, 2019

On February 14, 2019, the Center for Medicare and Medicaid Innovation (CMMI) announced the Emergency Triage, Treat, and Transport (ET3) Model that aims to transform the ambulance system. Medicare-enrolled ambulance service suppliers and hospital-owned ambulance providers will participate in the model. CMMI believes this model will improve quality and lower costs by reducing hospitalizations and avoidable transports. Currently, Medicare provides payment for emergency ground ambulance services when a beneficiary is transported to a hospital, critical…

Jeff Wurzburg (US)

The Joint Commission releases sentinel event statistics for first six Months of 2019

CMS releases FY 2020 IPPS and LTCH PPS final rule

The Joint Commission Issues Sentinel Event Alert on Direct Oral Anticoagulants

MEDICAID UPDATE: New Hampshire Work Requirements Vacated / Utah’s Partial Expansion Request

Allina Update: Supreme Court holds Medicare statute requires notice and comment for DSH payment change

Texas Attorney General addresses prompt pay requirements for out-of-network emergency services

MEDICAID ALERT: Work and community engagement requirements blocked by federal court

Medicaid update

The Joint Commission releases sentinel events for 2018

Centers for Medicare and Medicaid Innovation announces emergency transportation model

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