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1
Divided Supreme Court Cuts Back Doctrine Of Judicial Auer Deference To Agency Interpretations Of Its Own Ambiguous Rules
On June 26, 2019, a divided Supreme Court in Kisor v. Wilkie issued one of its most important administrative law decisions in decades.
United States
12 Jul 2019
2
Azar v. Allina: Supreme Court Decides Important Case On When CMS Must Use Formal Rulemaking When Instructing Medicare Contractors
On June 3, 2019, the U.S. Supreme Court issued a decision in Azar v. Allina Health Services. The case involved a challenge by hospitals over whether the Department of Health and Human Services
United States
13 Jun 2019
3
Mintz Levin Health Care Qui Tam Update - June 2018
Last week, Mintz Levin's Health Care Enforcement Defense Group published a new Qui Tam Update, which analyzes 60 health care-related False Claims Act qui tam cases unsealed...
United States
12 Jun 2018
4
Promise To Repeal The ACA Poses Threat To MACRA Implementation
Most of the post-election discussion of the ACA has focused on how promises to repeal the law could impact the newly insured.
United States
23 Nov 2016
5
CMS Releases MACRA Final Rule, Easing 2017 Reporting Requirements
On October 14, 2016, the Centers for Medicare and Medicaid Services (CMS) released the final rule for the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA).
United States
20 Oct 2016
6
Supreme Court Adopts Implied False Certification Theory In Universal Health Services v. United States Ex Rel. Escobar But Imposes Limits
On June 16, 2016, a unanimous Supreme Court issued its long-awaited decision in Universal Health Services v. United States ex rel. Escobar ("Escobar").
United States
24 Jun 2016
7
Alternative Payment Models (APMs) Under MACRA Proposed Rule
As our colleagues discussed on May 3rd, the proposed rule contains two key initiatives: Merit-Based Incentive Payment Systems (MIPS) and Alternative Payment Models (APMs).
United States
13 May 2016
8
CMS Proposes "Advancing Care Information" Program To Replace Meaningful Use
The Medicare Access and CHIP Reauthorization Act (MACRA) proposes a new approach, with new branding labels, to paying clinicians for the value and the quality of care that they provide...
United States
11 May 2016
9
CMS Releases Proposed Rule For MACRA Implementation – Overview And Merit-Based Incentive Payment Systems (MIPS)
On April 27, 2016, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule that would put in place key parts of the Medicare Access and CHIP Reauthorization Act of 2015.
United States
6 May 2016
10
Justices Grapple With Limits Of False Claims Act Liability In Implied Certification Cases
Last week the Supreme Court heard oral argument in a False Claims Act ("FCA") case in which the Court is considering the validity of the so-called implied false certification theory.
United States
28 Apr 2016
11
CMS Eases Regulatory Burdens And Creates New Exceptions In "Phase V" Of The Stark Regulations
On November 16, 2015, the Centers for Medicare and Medicaid Services published the most significant changes to the physician self-referral law regulations since 2008.
United States
18 Nov 2015
12
MACRA’s Advancement Of EHR Interoperability And Telehealth
This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act.
United States
27 Apr 2015
13
Developments In Judicial Deference Of Administrative Agency Actions
In my post of April 2, Divided Supreme Court Restricts Provider Challenges to State Medicaid Rates, I wrote about the March 31st Supreme Court decision that providers may not sue in federal court over the adequacy of state Medicaid rates (See Armstrong v. Exceptional Child Ctr., Inc. ("Exceptional Child Center").
United States
24 Apr 2015
14
MACRA: Program Integrity And Fraud And Abuse Provisions
On Thursday April 16th, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015. Pub.L. 114-10.
United States
23 Apr 2015
15
Beyond SGR – MACRA Provides Additional Payment Provisions And Offsets
This is the second post in our continuing series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No: 114-10.
United States
22 Apr 2015
16
With SGR Repealed, Replacement Policy Creates New Priorities
Health policy experts have long called for an end to the annual, or even sometime monthly, ritual of "patching" the SGR to avoid reimbursement cuts triggered by unsustainable growth in Medicare spending.
United States
21 Apr 2015
17
Divided Supreme Court Restricts Provider Challenges To State Medicaid Rates
A divided Supreme Court ruled by a 5-4 margin on March 31st that providers may not sue in federal court over the adequacy of state Medicaid rates.
United States
7 Apr 2015
18
7th Circuit Court of Appeals Creates Expansive Definition of "Referral" Under the Anti-Kickback Statute
On February 10, 2015, in United States v. Patel, the Seventh Circuit Court of Appeals ruled that a physician makes a "referral" within the meaning of the federal health care programs Anti-Kickback Statute (AKS).
United States
13 Feb 2015
19
GPO Fees Under Scrutiny By The GAO
Last week, the Government Accountability Office released a report examining group purchasing organization practices.
United States
 
5 Dec 2014
20
Proposed Rule Issued By OIG Realigns Its Enforcement Views With Health Care Reform Goals
The OIG's Proposed Rule with respect to the AKS Safe Harbors makes additions and modifications related to the following five business practices and arrangements.
United States
10 Oct 2014
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