Exploring the Adverse Impact of Federal Healthcare Reform on Physician-Owned Hospitals

Posted by Jason Greis on April 1, 2010 under Articles | Read the First Comment

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...

When MedPAC Speaks Congress Listens: What the Inclusion of MedPAC Health Care Delivery Reform Proposals in Health Care Reform Legislation Means for Physicians

Posted by Jason Greis on March 28, 2010 under Articles | Be the First to Comment

On March 1, 2010, the Medicare Payment Advisory Commission (“MedPAC” or the “Commission”) released its 2010 Report to the Congress: Medicare Payment Policy (the “Final Report”) recommending annual Medicare payment updates for Medicare fee-for-service (“FFS”) payment systems, including among others, hospitals (including both general acute care and long term care hospitals) and physicians.  MedPAC is an independent congressional agency established by the Balanced Budget Act of 1997 to formulate recommendations to Congress to address quality and cost-containment issues affecting the Medicare program and its beneficiaries.  Two reports, issued in March and June each year, are the primary outlets for MedPAC’s policy and payment system updates, which change base rates paid by Medicare for a unit of service provided by a FFS provider—for example, a hospital admission or a physician visit or procedure.  Recommended payment system updates are based on an assessment of payment adequacy that takes into account beneficiaries’ access to care, supply of providers, quality of care, providers’ access to capital and Medicare margins.  Read More...

Health Care Legislation Update: The Impact on Post-Acute Care Providers and Physician-Owned Hospitals

Posted by Jason Greis on July 16, 2009 under Articles | Be the First to Comment

President Obama’s looming deadline to hold Congressional pre-conferences and floor votes on comprehensive healthcare reform legislation before Congress’s August recess has prompted a flurry of legislative activity this week.  On Tuesday, July 14, 2009, the House released the Tri-Committee health care reform bill, officially titled H.R. 3200, America’s Affordable Health Choices Act of 2009 (the “Tri-Committee Bill”), and with its party-line vote on Wednesday, July 15, 2009, the Senate Health, Education, Labor, and Pensions (“HELP”) Committee became the first congressional committee to approve a health care reform bill (a copy of which is attached by clicking here).  The Senate Finance Committee’s health reform bill may be released as early as next week. Read More...

Physician-Owned Hospitals (including LTACHs) Safe . . . For Now: SCHIP Bill Passes without Provision Restricting Physician Ownership or Investment Interests

Posted by Jason Greis on February 5, 2009 under Articles | Be the First to Comment

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...

Will the Federal Government Shut Down Surgery Centers and Physician-Owned Hospitals? (11/24/08)

Posted by Jason Greis on December 9, 2008 under Whitepapers | Be the First to Comment

 As the Democrats take control of the House, the Senate and the Presidency many question the impact of such a change on physician-owned hospitals and ambulatory surgery centers (“ASCs”).  The most significant question being: Will the federal government shut down and/or restrict physician-owned hospitals and ASCs?  The short answer to this question is: (1) no the Federal government will not shut down ASCs, and (2) maybe the Federal government will halt the development of new physician-owned hospitals and/or restrict the activities of and adopt new rules relating to existing physician-owned hospitals.  Please click here to view a copy of this White Paper written by Scott Becker and Elaine Gilmer of McGuireWoods. Read More...

Key CMS Amendments to Physician Self-Referral Rules Contained in the 2009 IPPS: Disclosing Physician Financial Interests in Physician-Owned Hospitals (9/8/08)

Posted by Jason Greis on December 8, 2008 under Articles | Be the First to Comment

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...