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Under Health Care Reform Legislation, Stark Law Whole Hospital and Rural Provider Exceptions are Changing

(October 22, 2010): It’s not exactly breaking news to anyone in the hospital industry that the U.S. Congress and the regulators at the Center for Medicare and Medicaid Services seem bent on preventing or eliminating physician referrals to hospitals in which they invest. With the passage of health reform legislation in March of this year, […]

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Health Care Reform- The Independent Payment Advisory Board (IPAB) And Its Implications on Health Care Providers

(September 14, 2010): As one of the most controversial provisions in the recently enacted health care reform legislation, Congress created the IPAB – a board that is independent from Congress and the United States Department of Health and Human Services (“HHS”) as a mechanism to control Medicare – and potentially all – health care expenditures.

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Additional Cities will have HEAT Teams in 2011

(August 27, 2010): Additional cities will be getting Medicare fraud HEAT teams. Yesterday, Attorney General Eric Holder and U. S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius conducted the second of a planned series of “Regional Health Care Fraud Prevention Summits.” In addition to these agency heads, participants learned of current and

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What Can Cities Do About Dangerous Buildings?

(June 25, 2010): Cities have the authority, usually provided by State statute, to regulate dangerous and substandard buildings and structures. In Texas, a City has to pass an ordinance to activate its ability to regulate dangerous buildings and structures. See TEX. LOC. GVT CODE § 214 Subchapter A. Before taking action against a dangerous building,

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Don’t Take ZPIC Extrapolation Calculations at Face Value

(July 14, 2010): Imagine a Zone Program Integrity Contractor (ZPIC) handing you a claim analysis rife with alleged errors, an indecipherable list of statistical formulae, and an extrapolated recovery demand that will cripple your practice or clinic. What steps should you take to analyze their work? Based on our experience, providers can and should carefully

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President Obama Appoints Dr. Donald Berwick as the New Head of CMS.

(July 7, 2010): Earlier today, President Obama announced the recess appointment of Dr. Donald Berwick to be the Administrator of the Centers for Medicare and Medicaid Services (CMS). He was nominated on April 19, 2010. According to the White House’s press release, Dr. Berwick is a pediatrician, Harvard University professor, and President and Chief Executive

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A Look at RACs — Part III: What Medicare Providers Know about RAC Audit Recoupment Rules.

(July 2, 2010): The Centers for Medicare and Medicaid Services (CMS) audit program involving Recovery Audit Contractors (RACs) is now permanent and nationwide. As we discussed in Part I of this series, while small providers were largely ignored during the demonstration program, physicians, home health, hospice, and durable medical equipment (DME) suppliers should be on

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