Posted by Jason Greis on April 1, 2010 under Articles | 
After almost a year of heated debate, President Obama signed into law the Patient Protection and Affordable Health Care Act (P.L. 111-148) (“PPACA” or the “Act”) on March 23, 2010, as amended by the Health Care and Education Affordability Act of 2010 (H.R. 4872) (“HCEAA”) on March 30, 2010. While many of these laws’ provisions are benign, some contain “bombshells” that will permanently alter the business and regulatory landscape for certain businesses. One such provision is contained in Section 6001 of PPACA, which significantly curbs physician ownership and investment in hospitals by restricting application of the Federal Ethics in Patient Referrals Act’s (the “Stark Law”) statutory “whole-hospital exception.” Read More...
Tags: doctor, Health Care and Education Affordability Act of 2010, investment, jason greis, long term care hospital, ltac, LTACH, LTCH, mcguirewoods, ownership, P111-148, patient protection and affordable health care act, physician, physician-owned hospital, poh, ppaca, shayna bowen, specialty hospital, Stark, whole-hospital exception
Posted by Jason Greis on March 16, 2009 under Articles |
On March 6, 2009, the Centers for Medicare and Medicaid Services (CMS) released a CMS Manuals System transmittal implementing a final rule from the hospital inpatient prospective payment system (IPPS) for fiscal year 2008 requiring disclosure of physician ownership or investment in physician-owned hospitals. Effective June 8, 2009 Medicare-participating hospitals will be required to disclose physician ownership or investment information to patients when a referring physician (or his or her immediate family members) has an ownership interest in a hospital. Physicians also will be required to disclose their ownership or investment interests (and the ownership or investment interests of their immediate family members) in all physician-owned hospitals to which a physician refers patients. A physician’s ownership or investment interest may be through equity, debt, or other means, and includes an interest in any indirect entity that holds an ownership or investment interest in a hospital. Read More...
Tags: agreement, cms, disclose, disclosure, doctor, greisguide, greisguidetoltachs, hospital, jason greis, ltac, LTACH, LTCH, medical staff, ownership, physician, physician-owned, privileges
Posted by Jason Greis on February 5, 2009 under Articles |
President Obama signed the State Children’s Health Insurance Program bill into law on Wednesday, February 4, 2009, which will eable approximately seven million children to continue to have medical coverage through the program, and which will also allow an additional four million to sign up. President Obama called the bill “a first step toward fulfilling a campaign pledge to provide insurance for all Americans.” Read More...
Tags: cms, grassley, greisguide, greisguidetoltachs, hospital, investment, jason greis, kennedy, kohl, ltac, LTACH, LTCH, mccaskill, obama, ownership, pass, Physician Payments Sunshine Act, physician-owned hospital, schip, Stark
Posted by Jason Greis on January 27, 2009 under Articles |
On January 14, 2009 the House of Representatives voted to reauthorize the State Children’s Health Insurance Program (“SCHIP”). The House version of the SCHIP bill (HR 2) includes a provision contained in Section 623 proposed by House Ways and Means Health Subcommittee Chairman Fortney Pete Stark that would prevent construction of new physician-owned hospitals and restrict the expansion of current physician-owned hospitals by amending certain provisions of the Federal physician self-referral law (commonly known as the “Stark Act”). Congressman Stark has said that the provision banning future physician ownership in hospitals would prevent the “unethical kickbacks that physicians receive from ownership in hospitals, most of which are of questionable safety and quality.” This legislation, if passed, would significantly impact current physician ownership and investment interests in LTACHs (e.g., investment by physician joint venture partners) and specialty hospitals and would altogether ban future physician investment and ownership in LTACHs and specialty hospitals. Read More...
Tags: altha, cms, greisguide, GreisGuide to LTACHs, hospital, house, hr 2, investment, jason greis, LTACH, LTCH, nalth, ownership, pha, physician, physician hospitals of america, s 275, schip, senate, specialty hospital, Stark, State Children's Health Insurance Program
Posted by Jason Greis on December 8, 2008 under Articles |
The Centers for Medicare and Medicaid Services (“CMS”) published the 2009 Inpatient Prospective Payment Systems final rule (“Final Rule”) in the Federal Register on August 19, 2008. The Final Rule includes several important changes to the Stark Act that will likely impact many health care providers. One notable revision described in the Final Rule will require many physicians participating in provider-based joint venture “under arrangements” to restructure or unwind such arrangements by September 30, 2009. Read More...
Posted by Jason Greis on under Articles |
The Centers for Medicare and Medicaid Services (“CMS”) published the 2009 Inpatient Prospective Payment Systems final rule (“Final Rule”) in the Federal Register on August 19, 2008. The Final Rule includes several important changes that will likely impact many health care providers. One such change has expanded and clarified the situations in which physician-owned hospitals and their referring physicians who have a financial interest in such hospitals are required to disclose their financial interests. Read More...
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