As part of the $1.7 million omnibus spending bill that became law December 29, 2022, the Centers for Medicare & Medicaid Services (CMS) extended, through December 31, 2024, the Acute Hospital Care at Home (H@H) initiative whereby individual hospitals may
Health Care Law Today
Health Care Law Today, published by Foley & Lardner LLP, focuses on legal developments and regulatory issues affecting the healthcare industry. The blog covers topics such as digital health investment trends, telehealth privacy and security best practices, Medicare policy changes including behavioral health service expansions, remote patient monitoring regulations, and compliance with state vaccination requirements for healthcare facilities. It addresses the intersection of healthcare delivery, technology, and law, providing updates on federal and state regulations, reimbursement policies, and risk management strategies relevant to healthcare providers, payers, and investors.
Latest from Health Care Law Today - Page 11
Accredited Health Care Providers Rejoice: The Joint Commission is Eliminating 14% of its Standards Across Accreditation Programs
On Wednesday, December 21, 2022, The Joint Commission announced that, effective January 1, 2023, it is eliminating 168 (or 14%) of its accreditation standards across its accreditation programs, and revising 14 more. The Joint Commission accredits many different categories of…
Will CMS’s Proposed Rule on “Identified Overpayments” Increase Reverse FCA Cases?
On December 27, 2022, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule which, in part, seeks to amend the existing regulations for Medicare Parts A, B, C, and D regarding the standard for when an “identified”…
Another Extension of Telehealth Relief for HDHP/HSA Plans
The Consolidated Appropriations Act of 2023 (2023 CAA) further extends the HSA safe harbor allowing high deductible health plans (HDHPs) to offer first dollar coverage of telehealth services without ruining HDHP members’ ability to make or receive pre-tax contributions into…
FCA Managed Care Case Update: A Court’s View of ICD Guidelines in Risk Adjustment Cases
By Kara Sweet & Lori A. Rubin
Addressing a recent motion to dismiss, the Northern District of California predominantly denied Kaiser Permanente’s (“Kaiser”) motion to dismiss the government’s complaint in United States ex rel. Osinek v. Permanente Medical Group, Inc., and the court is allowing the government…
The Future of Telemedicine Post-PHE and How to Advocate for Change: An interview with Nathaniel Lacktman
Many of the telehealth flexibilities that became popular with both patients and clinicians during the COVID-19 pandemic will expire when the public health emergency (PHE) ends. After three years of operating under these waivers, an abrupt ending to them could…
What is Payor/Provider Convergence and What Does It Mean For You?
Payor/Provider Convergence refers to the evolving trend toward value based payments, in which health providers are taking financial risk in their contracts with health insurance companies (Payors), and Payors are becoming more involved in the delivery of care. Some Payors…
We Look Forward to Seeing You at the Foley & Lardner Digital Health Legal Session and Reception in Tel Aviv
We hope that you can join Foley & Lardner attorneys, Dovi Adlerstein, Nathan Beaver, Kyle Faget, T.J. Ferrante, JillAllison Opell, and Alexandra Shalom, at this legal program and reception on Sunday, January 8, 2023 in Tel Aviv, Israel. The session is…
Sentencing Guidelines: Third Circuit Rejects Use of “Intended” Loss in Favor of “Actual” Loss
Sentencing in federal fraud cases is driven by loss amounts. To seek a higher sentencing guidelines range, the government often relies on a defendant’s “intended” loss,” rather than the “actual” loss. That approach no longer works in the Third Circuit.…
False Claims Act: Prediction on Supreme Court Ruling on Government Dismissal Authority
On December 6, 2022, the Supreme Court heard argument in United States ex rel. Polansky v. Executive Health Resources, Inc., a case with potential implications on the cost and longevity of certain False Claims Act (FCA) cases. The case asks…