Health Care Law Blog
Today, the United States Supreme Court released its highly anticipated opinion regarding the constitutional challenges to the Patient Protection and Affordable Care Act (the "Act"). The Court ultimately concluded that the Act was constitutional, but it did not grant a complete victory to the government. The Court also held that the federal government may not withhold all Medicaid funds from States that fail to comply with the expansion of Medicaid provisions of the Act. Instead, the federal government may only withhold new Medicaid funds from States that do not comply.
In response to growing concerns about prescription drug abuse, there has been a significant increase in investigative and enforcement activities by state licensing authorities as well as local, state and federal law enforcement. We have been contacted by physicians who want to care for patients with chronic or intractable pain but are concerned about the consequences to their licenses and practices that might result if investigators question their decision to prescribe controlled substances. Given the current environment, it is a good idea for physicians to refresh themselves on the legal requirements for effective pain management.
Health care reform law requires that providers who enrolled in Medicare prior to March 25, 2011, submit enrollment revalidation information upon request by the Centers for Medicare and Medicaid Services ("CMS") or its contractors. Any provider that fails to submit the requested revalidation information within 60 days of receiving such a request risks interruption or deactivation of Medicare billing privileges. Revalidation for all providers who enrolled in Medicare prior to the above date will occur between now and March of 2015 on a steady basis. Providers can check the lists provided at CMS's website to determine if they were already sent a revalidation notice that was perhaps overlooked in the mail.
Michigan State University (“MSU”) currently requires that uninsured students obtain health insurance as part of its fee structure. This requirement impacts approximately 14 percent of students. While this requirement is aligned with the Patient Protection and Affordable Care Act’s (“PPACA”) individual mandate, the requirement may negatively impact MSU’s ability to raise tuition.
