Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Corporate
- United States Department of Justice ("DOJ")
- Employee Contracts
- Non-Compete Agreement
- Opioid Epidemic
- Sexual Harassment
- Health Resource and Services Administration
- Litigation
- Medical Malpractice
- House Bill 333
- Senate Bill 79
- locum tenens
- Senate Bill 4
- Physician Prescribing Authority
- HIPAA
- Chronic Pain Management
- Prescription Drugs
- "Two Midnights Rule"
- 340B Program
- Hospice
- Kentucky minimum wage
- Minimum wage
- Skilled Nursing Facilities (“SNFs”)
- Uncategorized
- EHR Systems
- ICD-10
- Primary Care Physicians ("PCPs")
- Electronic Health Records (“EHR")
- Drug Screening
- Urinalysis
- KASPER
- Mental Health Care
- Affordable Insurance Exchanges
- Fraud
- Health Care Fraud
- HIPAA Risk Assessment
- Office for Civil Rights ("OCR")
- Qui Tam
- Stark Laws
- Kentucky’s Department for Medicaid Services
- Compliance
- Department of Health and Human Services (HHS)
- Kentucky Board of Medical Licensure
- Office of Inspector General of the United States Department of Health and Human Services (OIG)
- Physician Assistants
- Certificate of Need ("CON")
- Federally Qualified Health Centers (“FQHCs”)
- HPSA
- Pharmacists
- Rural Health Centers (“RHCs”)
- Telehealth
- Accountable Care Organizations (“ACO”)
- Anti-Kickback Statute
- Centers for Medicare & Medicaid Services (“CMS”)
- Data Breach
- Electronic Protected Health Information (ePHI)
- False Claims Act
- Fee for Service
- Health Information Technology for Economic and Clinical Health Act (HITECH Act)
- Health Insurance Portability and Accountability Act of 1996 (HIPAA)
- Medicaid
- Medicare
- Part D
- Patient Protection and Affordable Care Act (“ACA”)
- Affordable Care Act
- Health Professional Shortage Area ("HPSA")
- Hospitals
- Medical Staff By-Laws
- Medically Underserved Area ("MUA")
- Rural Health Clinic
- Alternative Payment Models
- Charitable Hospitals
- HRSA
- Limited Services Clinics
- Mid-Level Practitioners
- American Telemedicine Association (“ATA”)
- Kentucky Board of Nursing
- Telemedicine
- Criminal Division of the Department of Justice (“DOJ”)
- Health Care Fraud Prevention and Enforcement Action Team (“HEAT”)
- Qualified Health Care Centers (“FQHC”)
- Hydrocodone
- APRNs
- United States ex. Rel. Kane v. Continuum Health Partners
- Webinar
- Agreed Order
- Chain and Organization System (“PECOS”)
- Drug Enforcement Agency ("DEA")
- Jimmo v. Sebelius
- Maintenance Standard
- Overpayments
- Vitas Innovative Hospice Care
- Douglas v. Independent Living Center of Southern California
- Emergency Rooms
- Enrollment
- Hinchy v. Walgreen Co.
- Kentucky Senate Bill 7
- Medicare Part D
- Re-validation
- Chiropractic services
- Clinical Laboratory Improvement Amendments of 1988 (“CLIA”)
- Minors
- Ophthalmological services
- Physician Compare website
- Texting
- All-Payer Claims Database ("APCD")
- Compliance Officer
- Essential Health Benefits
- ICD-9
- 2014 Medicare Physician Fee Schedule (“PFS”)
- 501(c)(3)
- Appeal
- Chronic Care Management
- Compounding
- CPR
- Drug Quality and Security Act (“DQSA”)
- House Bill 3204
- Kindred v. Cherolis
- Long-term care communities
- New England Compounding Center ("NECC")
- Outsourcing facility
- Ping v. Beverly Enterprises
- Power of Attorney ("POA")
- Sustainable Growth Rate (“SGR”)
- Centers for Disease Control and Prevention
- Dispenser
- Food and Drug Administratio
- HealthCare.gov
- Kynect
- Mobile medical applications ("apps")
- NADSA Conference
- National Drug Code ("NDC")
- National Institutes of Health
- Prescriber
- State Health Plan
- Affinity Health Plan
- Cadillac tax
- Community health needs assessment (“CHNA”)
- Condition of Participation ("CoP")
- Denied Claims
- Federation of State Medical Boards (“FSMB”)
- Form 4720
- Grace Period
- Home Medical Equipment Providers
- Individual mandate
- Kentucky Medical Practice Act
- Licensure Requirements
- Long-Term Care Providers ("LTC")
- Model Policy for the Appropriate Use of Social Media and Social Networking in Medical Practice (“Model Policy”)
- Nonprofit hospitals
- Personal Service Entities
- Physician Payments
- Qualified Health Plan ("QHP")
- Social Media
- Spousal coverage
- UPS
- "Plan of Correction"
- Arbitration
- Daycare centers
- Department of Medicaid Services’ (“DMS”)
- Division of Regulated Child Care
- Employer Mandate
- Health Professional Shortage Areas (“HPSA”)
- Home Health Prospective Payment System
- Hospitalists
- Inpatient Care
- Intermediate Sanctions Agreement
- Kentucky Health Benefit Exchange
- LLC v. Sutter
- Low-utilization payment adjustment ("LUPA")
- Medicare Shared Saving Program (MSSP)
- Network provider agreement
- Nonroutine medical supplies conversion factor (“NRS”)
- Payors
- Physician Recruitment
- Physician shortages
- Quality reporting
- Residency Programs
- Statement of Deficiency ("SOD")
- Upcoding
- “Superuser”
- Audit
- Decertification
- EHR vendor
- Employer Group Health Plans
- ERISA
- Fair Labor Standards Act (FLSA)
- False Billings
- Health Reform
- Licensed practical nurses (LPN)
- List of Excluded Individuals and Entities
- Meaningful use incentives
- Medicare Administrative Coordinators
- Medicare Benefit Policy Manual
- Nurse practitioners (NP)
- Office of the National Coordinator for Health Information Technology (“ONC”)
- Part A
- Part B
- Provider Self Disclosure Protocol
- Registered nurses (RN)
- Self-Disclosure Protocol
- Trade Association Group Coverage
- Advanced Practice Registered Nurses
- Business Associate Agreements
- Business Associates
- Call Coverage
- Doe v. Guthrie Clinic
- Group Purchasing Organizations ("GPO")
- House Bill 104
- Kentucky House Bill 217
- Patient Autonomy
- Patient Privacy
- Personal Health Information
- Autism/ASD
- Genetic Information Nondiscrimination Act ("GINA")
- Kentucky House Bill 159
- Kentucky Primary Care Centers (“PCCs”)
- Managed Care Organizations (“MCOs”)
- Senate Bill 39
- Senate Finance Committee Report
- State Medicaid Expansion
- Compliance Programs
- Center for Disease Control
- Critical Access Hospitals (“CAHs”)
- Essential Health Benefits (“EHBs”)
- Healthcare Information and Management Systems Society (HIMSS)
- Medicare Audit Improvement Act of 2012
- Recovery Audit Contractors (“RAC”)
- Small Business Health Options Program (“SHOP”)
- Sunshine Act
- Abuse and Waste
- Consumer Operated and Oriented Plan programs (“CO-OPS”)
- Kentucky Cabinet for Health and Family Services
- Kentucky Health Care Co-Op
- Kentucky Health Cooperative (“KYHC”)
- Occupational Safety and Health Administration (“OSHA”)
- House Bill 1
- Kentucky Pharmacists Association
- Kentucky “Pill Mill Bill”
- Free Conference Committee Report
- Health Care Fraud and Abuse Control Program
- House Bill 4
- Pain Management Facilities
- Employee Agreement
- Health Insurance
- Healthcare Regulation
- Health Care Law
McBrayer Blogs
Showing 56 posts tagged Health Care Law.
The Hard Truth: Treating the Opioid Epidemic Webinar Recap
Click here to watch the video replay of the webinar.
In January of 2019, the National Safety Council released a study with an alarming result: Since 2017, the odds of dying by accidental opioid overdose have exceeded the odds of dying in a car accident. With the opioid crisis raging, the first line of defense may now be healthcare providers, especially rural ones, who treat patients on a daily basis. More >
Healthcare Entities: How is Your Cyber Security?
In an evolving world of cyber terrorism where individuals such as Edward Snowden grab headlines by stealing national secrets, it should come as no surprise that protected healthcare information (“PHI”) kept by providers has become a “target rich environment” for foreign governments and individual hackers alike. In addition to threats from outside entities, healthcare providers must also realize and appreciate that state and federal regulatory and statutory requirements govern the creation, maintenance and protection of PHI, including through but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. Failure to abide by these complex and stringent rules can lead to significant penalties. More >
CMS Executes About-Face on Pre-Dispute Arbitration Ban
The Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule on June 5, 2017, that serves as an effective course reversal on pre-dispute arbitration agreements in a long-term care (“LTC”) setting. This caps off an effort by many in the healthcare and nursing home industry to stop the prior rule, which banned such agreements, from taking effect. More >
Compliance Programs for Nursing Facility Providers
Nursing facilities are now required to develop and implement effective compliance and ethics programs under newly-created Section 483.85 of the Affordable Care Act (“ACA”) §6102. These programs must be in effect by November 28, 2017. These regulatory requirements are highly complex, especially the requirement of annual review and revision of the programs. More >
Medicaid Expansion in Kentucky
The Supreme Court upheld much of President Obama’s Patient Protection and Affordable Care Act (“PPACA”) in National Federation of Independent Business et al v. Sebelius, but overturned a key element of PPACA’s Medicaid expansion provisions. Originally, PPACA required states to expand Medicaid coverage to individuals at or below 133 percent of the federal poverty level or risk forfeiting existing federal funding for the state’s Medicaid program. In National Federation, the Supreme Court held that PPACA could not withdraw existing Medicaid funding from states choosing not to expand their programs. This change presents each state with a meaningful choice to opt in or out of PPACA’s Medicaid expansion. More >
Senate Finance Committee Takes an In-Depth Look at Fraud & Abuse
Earlier this week, I discussed the HHS and DOJ Annual Report for the Health Care Fraud and Abuse Program. HHS and DOJ are not the only ones who are determined to purge the health care industry of its woes. On January 31, 2013 a group of six current and former members of the Senate Finance Committee released a comprehensive report detailing recommendations on combating waste, fraud and abuse in the Medicare and Medicaid Programs. More >
Annual Report Details Record Breaking Success in Health Care Fraud Prevention
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), required the establishment of a national Health Care Fraud and Abuse Control Program (“HCFAC”). The HCFAC Program is a joint Department of Justice (“DOJ”) and Health and Human Services (“HHS”) coordination of federal, state and local law enforcement activities to combat fraud committed against all health plans, both public and private. More >
CMS 2014 Call Letter: A Bright Future for CMS Star Rating System
On February 15, the Centers for Medicare & Medicaid Services (CMS) issued the draft calendar year (CY) 2014 Call Letter for the Medicare Advantage (MA) and Part D programs (Call Letter). It contains information that MA organizations and Part D plan sponsors (collectively, Plan Sponsors) need to prepare their 2014 bids and operations. More >
CMS Proposes to Change Physician Requirements for RHC's and FQHC's
Since the passage of the Patient Protection and Affordable Care Act of 2010 (“PPACA”), many providers, suppliers and physicians that were enrolled in Medicare and Medicaid were mandated to create compliance programs for their healthcare facilities. Since that time, small and rural providers have been scrambling to adopt and implement programs that can adequately withstand regulatory and law enforcement scrutiny. Larger providers, such as multi-state hospitals, were already equipped with a compliance program. It is the small and rural providers, limited by staff and financial resources, which have had their hands full complying with the new regulatory requirements. More >
State Legislation, the ACA, and Autism: New Laws Bring in Waves of Change
In recent years, state legislators across the country have closely focused on a specific health problem that can affect mental capacity: autism. Autism and autism spectrum disorders (ASD’s) cause developmental disabilities and numerous social, behavioral, and physical challenges. The tragedy at Sandy Hook Elementary School renewed intense public debate about this particular diagnosis and treatment of other mental health issues. More >
