The New Health Care Law Reform Bill & PPACA | Foster Swift

Update to CMS Guidance on Shared Health Care Facilities

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Thu, 17 Feb 2022 09:00:01 -0500

The Centers for Medicare & Medicaid Services (CMS) have recently released updated guidance regarding hospital co-locations arrangements. After nearly two years of deliberations and revisions, the final Guidance for Hospital Co-location with Other Hospitals or Health Care Facilities (the “Final Guidance”) was released on November 12, 2021 and took effect immediately upon publication. The Final Guidance is meant to address how CMS and other state agency surveyors will evaluate how hospitals share their space, services, and staff.

HIPAA Compliance Considerations During the Pandemic

Julie LaVille Hamlet — Tue, 26 Jan 2021 09:00:02 -0500

This article has been updated with new information since it was originally published on November 16, 2020.

As health care providers continue to face new challenges relating to the COVID-19 pandemic, it is important for providers to maintain compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Although the Department of Health and Human Services Office for Civil Rights (“OCR”) has loosened some requirements to allow health care providers flexibility during the COVID-19 pandemic, a majority of the patient protections under the HIPAA Privacy Rule have remained intact.

Significant Changes to Stark Law and Anti-Kickback Statute Finalized

Julie LaVille Hamlet — Tue, 12 Jan 2021 09:00:03 -0500

The U.S. Department of Health and Human Services (“HHS”) recently issued two highly-anticipated final rules (collectively, the “Final Rule”) to modernize and clarify the regulations that interpret the Physician Self-Referral Statute (“Stark”) and the Anti-Kickback Statute (“AKS”). According to HHS, the Final Rule was intended to provide greater flexibility for healthcare providers to participate in value-based arrangements, ease unnecessary compliance burdens, and maintain safeguards to protect patients and Federal healthcare programs from fraud and abuse. The Final Rule will become effective on January 19, 2021.

Residential Care Facilities Must Comply with Recent MDHHS Emergency Order

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Thu, 08 Oct 2020 09:00:04 -0400

On October 6, 2020, the Michigan Department of Health and Human Services ("MDHHS") issued an emergency order (the "MDHHS Order") that retains many of the same requirements that apply to residential care facilities under the previously issued executive orders. As noted in a prior blog post, the Michigan Supreme Court recently held that Governor Whitmer did not have authority after April 30, 2020 to issue or renew any executive orders related to the COVID-19 pandemic. Most of the same requirements will continue to apply to residential care facilities under the MDHHS Order. The MDHHS Order became effective immediately, and will remain in effect through October 30, 2020 (and may be renewed through a subsequent order).

CMS Releases Guidance on Shared Space Arrangements

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Wed, 26 Feb 2020 09:00:05 -0500

Last year, the Centers for Medicare and Medicaid Services (“CMS”) issued long-anticipated draft guidance concerning shared space and co-location arrangements between hospitals and other providers. The guidance is meant to clarify how CMS and state agency surveyors will evaluate a hospital’s space sharing or contracted staff arrangements when assessing the hospital’s compliance with the Medicare Conditions of Participation (CoPs).

LARA Issues Changes to Child Care Licensing Rules

Mon, 13 Jan 2020 09:00:06 -0500

Recently, the Department of Licensing and Regulatory Affairs finalized changes to the licensing rules for Family and Group Child Care Homes and the licensing rules for Child Care Centers. The purpose of these changes is to maintain compliance with the recent amendments to the Child Care Organization Act and the new requirements of the federal Child Care and Development Block Grant.

CMS Publishes Final Rule to Modernize PACE Regulations

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Tue, 09 Jul 2019 09:00:07 -0400

On May 28, 2019, the Centers for Medicare & Medicaid Services ("CMS") finalized a rule (the "Final Rule") to update and modernize requirements for the Programs of All-Inclusive Care for the Elderly ("PACE").

Federal District Court Vacates New Association Health Plan Rules

Julie LaVille Hamlet — Wed, 22 May 2019 09:00:08 -0400

On June 21, 2018, the U.S. Department of Labor (“DOL”) issued final regulations that expanded the availability of association health plans ("AHPs"). Those regulations (the "AHP Rules") were summarized in our previous blog article. An AHP is an arrangement that allows small businesses to band together to obtain healthcare coverage as if they were a single large employer.

CMS Ends Home Health Agency Moratorium in Michigan

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Fri, 15 Feb 2019 09:00:09 -0500

The Centers for Medicare & Medicaid Services ("CMS") recently lifted its temporary moratorium on the Medicare enrollment of new home health agencies ("HHAs"), subunits, and branch locations in Michigan, Florida, Illinois and Texas. As of January 31, 2019, there are no active Medicare provider enrollment moratoria in any state.

CMS Approves the Repeal and Replacement of the Michigan Health Insurance Claims Assessment (“HICA”) Tax

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 07 Jan 2019 09:00:10 -0500

The Michigan Health Insurance Claims Assessment (“HICA”) tax has been repealed, effective as of October 1, 2018. On June 11, 2018, Governor Snyder signed a series of bills repealing the HICA tax.

U.S. Department of Labor Issues New Rules Concerning Association Health Plans

Julie LaVille Hamlet — Thu, 08 Nov 2018 09:00:11 -0500

The U.S. Department of Labor (DOL) recently issued final regulations that expanded the availability of association health plans ("AHPs").

Skilled Nursing Facility and Hospice Contracts – Prime Time to Update

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 22 Oct 2018 09:00:12 -0400

Effective November 28, 2016, the Centers for Medicare and Medicaid Services published a final rule which revised the Medicare Conditions of Participation for Long-Term Care Facilities. There are three different phases of implementation.

Update on the Michigan Department of Licensing and Regulatory Affairs Proposed Rules for Licensing Health Facilities and Agencies

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 08 Oct 2018 09:00:13 -0400

Earlier this year, the Michigan Department of Licensing and Regulatory Affairs (LARA) issued proposed administrative rules relating to the licensing of health care facilities. Currently, there are separate sets of rules that apply to each type of health facility, such as hospitals, hospices, and nursing homes.

Updates to the Confidentiality of Substance Use Disorder Patient Records Regulations

Julie LaVille Hamlet, Caroline Renner (Summer Associate) — Mon, 04 Jun 2018 09:00:14 -0400

Earlier this year, the Substance Abuse and Mental Health Services Administration (SAMHSA), a branch of the U.S. Department of Health and Human Services (HHS), finalized updates to the Confidentiality of Substance Use Disorder Patient Records regulation at 42 CFR Part 2 ("Part 2").

Cybersecurity Concerns in Health Care

Taylor A. Gast, Julie LaVille Hamlet, Caroline Renner (Summer Associate) — Thu, 31 May 2018 09:00:15 -0400

Health care systems are eager to adapt to newer technology and widespread network options, all in the name of giving patients the best possible care. However, this comes with a price: more outlets for hackers to breach valuable data.

IRS Begins Enforcement of ACA Employer Mandate

Julie LaVille Hamlet, Mindi M. Johnson — Mon, 05 Feb 2018 09:00:16 -0500

The IRS recently began enforcing the employer mandate provision of the Affordable Care Act (“ACA”) by assessing penalties on noncompliant employers for the 2015 calendar year.

MDHHS Issues New Guidelines for Programs of All-Inclusive Care for the Elderly (PACE) Organizations in Michigan

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Wed, 03 Jan 2018 09:00:17 -0500

Programs of All-Inclusive Care for the Elderly (PACE) organizations provide certain medical and social services to eligible individuals who meet the Long Term Care level of care criteria.

Hospice Provider Agrees to Pay $75 Million to Settle False Claims Act Lawsuit

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 04 Dec 2017 09:00:18 -0500

Chemed Corporation and various of its subsidiaries, including Vitas Hospice Services LLC and Vitas Healthcare Corporation (collectively “Vitas”), recently settled allegations brought by the federal government that Vitas violated the False Claims Act by submitting to Medicare false claims for hospice services.

IRS Revokes Hospital's Tax-Exempt Status for Noncompliance with Affordable Care Act

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Mon, 06 Nov 2017 09:00:19 -0500

Earlier this year, the Internal Revenue Service (IRS) revoked the tax exempt status of an unidentified hospital for failing to comply with the Affordable Care Act (ACA).

Can a Non-Physician Own and Operate a Medical Facility in Michigan?

Julie LaVille Hamlet — Tue, 03 Oct 2017 09:00:20 -0400

An interesting case is winding its way through the Michigan Court of Appeals that involves the question of whether a layperson, as opposed to a licensed physician, can own a for-profit business that provides medical services.