AHA Urges OMB to Block Hospital Reporting to CMS About Financial Ties to Doctors
The American Hospital Association (“AHA”) urged the White House Office of Management and Budget (“OMB”) in a letter dated January 16, 2009 to prevent the Centers for Medicare & Medicaid Services (“CMS”) from implementing a rule requiring up to 400 randomly selected hospitals (including LTACHs) to report information, supply documents, and make certain legal certifications regarding their relationships with physicians in a Disclosure of Financial Relationships Report (“DFRR”). Read More...
Will the Federal Government Shut Down Surgery Centers and Physician-Owned Hospitals? (11/24/08)
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...
Is Block Leasing in Trouble (7/22/08)
The general concept over the past several years has been that block leasing presents less regulatory risk than per-click leasing. In essence, under a per-click lease, a party buys an image or test and resells it to a payor or patient. This type of arrangement is clearly subject to the anti-markup rules. Read More...
Electronic Health Records Donations: Tax Exempt Issues to Consider (8/18/08)The Centers for Medicare and Medicaid Services created a Stark Act exception and an Anti Kickback Statute safe harbor in 2006 to allow hospitals and other entities to provide physicians with software and other assistance relating to the implementation of electronic health records (“EHR”) systems. However, tax-exempt hospitals still were concerned with private inurement issues related to the donation of EHR systems to physicians. Read More... Key CMS Amendments to Physician Self-Referral Rules Contained in the 2009 IPPS: Revisions to Physician “Stand in the Shoes” Rule will become effective October 1, 2008 (8/27/08)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 regulations that will likely impact many health care providers. One notable revision described in the Final Rule is the revision to the physician “stand in the shoes” rule (“SITS Rule”) which will become effective October 1, 2008. Read More... Key CMS Amendments to Physician Self-Referral Rules Contained in the 2009 IPPS: The Disclosure of Financial Relationships Report: A Stark Compliance Audit for Hospitals (8/29/08)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. Among the notable revisions to the Stark Act announced in the Final Rule, CMS reiterated its intent to conduct an audit of hospital financial relationships with physicians in the near future. Read More... |
