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Community Health Needs Assessment Requirements Spelled Out by IRS, Treasury Department

Thursday, April 18, 2013

This is for informational purposes only. It is not intended to be legal advice and does not create or imply an attorney-client relationship.

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James F. Flynn Managing Partner

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Antitrust lessons from recent FTC successes in challenging hospital acquisitions in Ohio and Idaho

Ohio enacts new law revising the peer review statute

New Ohio law for reporting newborns diagnosed as opioid dependent

ACA collection efforts: Requirements for tax-exempt hospitals

CMS issues new and updated EHR FAQs

AHIMA issues position statement on copy and paste in EHRs

Important changes to CTP Formulary: Amendment to standard care arrangements required by April 1, 2014

Florida hospital system agrees to record-setting False Claims Act settlement

FTC reaffirms strong concerns regarding hospital consolidations

CMS updates and clarifies "two-midnight" rule: More Guidance on Reviewing Hospital Claims for Patient Status

Eligible hospitals act now!

CMS issues guidance on the probe and educate audits performed under the "two-midnight" rule

HHS issues guidance on HIPAA and sharing information related to mental health

OIG releases its 2014 work plan

Meaningful <i>and true</i> – Former hospital executive faces criminal indictment for false meaningful use attestation

Ohio law changed to permit advanced practice nurses and physician assistants to admit patients to hospitals under certain conditions

Recent False Claims settlement should serve as important reminder to all hospitals

Annual breach reporting deadline March 1

CMS extends EHR incentive program attestation deadline

CMS delays review of “two-midnight” rule until after September 30, 2014

With the support of the American Hospital Association, hospitals initiate a challenge to the “two-midnight” rule

Federal Court holds that a physician is considered an “employee” for purposes of the EMTALA whistleblower protection

Ohio State Medical Board issues new rules on terminating the physician-patient relationship and notifying patients when a physician leaves a practice

Assignment of requests for administrative law judge hearings of denied Medicare claims suspended for at least two years

2013 year in review and 2014 forecast

Ohio law revised to allow greater access to medical information under a durable power of attorney for health care

OIG and CMS extend EHR donation exceptions even longer than proposed and add other changes

New Law Requires Surgeons Performing Mastectomies in a Hospital to Follow Specific Guidance and Referral Standards

Ohio Supreme Court Upholds the Controlling Board's Medicaid Expansion

The Impact of Medicare’s "Two-Midnight" Rule

Meaningful Use Deadline Extended One Year

OIG Finds OCR Lacking in Oversight and Enforcement of HIPAA Security Rule

CMS Announces Increased Provider Enrollment Fee for 2014

Department of Justice Announces Health Care False Claims Act Settlements

Health Management Associates Repays CMS $31 Million

CMS Issues Additional Guidance on "Two-Midnight" Rule

Lawsuit Challenging Medicaid Expansion Filed in Ohio Supreme Court

Controlling Board authorizes expanded Ohio Medicaid program and challenge filed in Ohio Supreme Court

The Tuomey Saga – The Latest Chapter

CMS Delays Review of “Two-Midnight” Rule

No Rest for the Weary: The Feds Have Been Busy Fighting Health Care Fraud!

Medicaid Expansion Group Reaches Next Step in Initiated Statute Process

A New Breed of Whistleblower? Consulting Company Turns in its Own Health Care Client for Alleged False Claims

CMS Implements New Conditions for Payments Related to Inpatient Hospital Admissions

Center for Improvement in Healthcare Quality attains deeming authority

New OIG Opinion Leaves Door Open to New Preferred Hospital Networks Without Violating Kickback Statutes

The Journey of Medicaid Expansion from the Affordable Care Act to Ohio

Tuomey Fights Back Against False Claims Verdict

Summer is Here and the HEAT is On! The Government’s Health Care Fraud Prevention and Enforcement Action Team Has Been Busy!

OIG Advisory Bulletin Provides Clarification Regarding Exclusion from Federal Health Care Programs

89 People Arrested Nationwide in Health Care Fraud Sting

The Tuomey Saga Continues – Jury Rules that Tuomey Violated the Stark Law and False Claims Act

Health Care Fraud Enforcement Remains Hot as HEAT Continues Aggressive Enforcement of Health Care Laws in 2013

Doctor’s Sympathetic Statement to Patient Cannot Be Used as Evidence of Liability

OIG Updates Self-Disclosure Protocol and Confirms OIG’s Position on Penalties

Healthcare Integrity and Protection Data Bank Merging with the National Practitioner Data Bank

HHS and CMS Propose to Amend Regulations Permitting Donation of EHR Items and Services

FTC files antitrust challenge to hospital system's acquisition of primary care physician group practice

Ignoring Possible Billing Errors May be Enough to Support a "Reverse" False Claims Lawsuit

Health Care Providers Take Note: Your Contract With An HMO May Require Affirmative Action Compliance, Even If It Doesn’t Say So

CMS Conditions of Participation: Try, try again

Drum Beat of Health Care False Claims Act Settlements Continued in February

Government Announces Record-Breaking Returns from Health Care Fraud Enforcement

U.S. Supreme Court rules for FTC in hospital merger case

Ohio Governor Kasich Discusses Budget, Taxes, Education and Health Care Reform During the 2013 State of the State

Analysis of Final HIPAA Omnibus Rule: Notice of Privacy Practices

Analysis of Final HIPAA Omnibus Rule: Research, GINA, Hybrid Entities and Other Miscellaneous Provisions

Analysis of Final HIPAA Omnibus Rule: Enforcement Provisions

Proposed gainsharing program passes federal antitrust review

2013 Already an Active Year in Health Care False Claims Act Settlements

Analysis of the Final HIPAA Omnibus Rule: Individual Rights Regarding Restrictions and Access

Analysis of Final HIPAA Omnibus Rule: Business Associates and Business Associate Agreements

HHS Releases New Sample HIPAA Business Associate Agreement

Analysis of the Final HIPAA Omnibus Rule: Changes to Marketing, Sale of PHI and Fundraising Requirements

Once More Into the Breach: Major Changes to the HIPAA Breach Notification Requirements

What You Will and Won’t Find in the Final Omnibus HIPAA Rule

HHS Issues Final Omnibus HIPAA Rule

Federal Appeals Court Rules that a Medicare Recovery Audit Contractor’s Decision to Reopen a Claim for Review is Beyond Judicial Scrutiny

CMS Issues Final Rule Implementing Stage 2 of Meaningful Use

Medicare Recovery Audit Prepayment Review to Begin on August 27, 2012

Urgent Care Facility Chain Settles False Claims Act Lawsuit for $10 Million

Medicare Conditions of Participation: The good, the bad and the unsure

U.S. Supreme Court Upholds the Affordable Care Act

HIPAA Audit Protocols and OCR’s Plan Future HIPAA Audits – OCR Has a Plan, Despite What GAO Says

Supreme Court will hear case involving FTC’s challenge to the merger of only two hospitals in Albany, Georgia

Ohio’s New Law on Health Information Exchanges

Abbott Labs Settlement Highlights Importance of Taking Employee Complaints Seriously

Two Major Health Care Companies Pay $137.5 Million and $3.8 Million, Respectively, to Settle Violations Against the False Claims Act

Medicare Shared Savings Program Fraud and Abuse Waivers: Common Questions and Concerns

First Enforcement Action Under HITECH Breach Rules Results in $1.5M Settlement by Blue Cross Blue Shield of Tennessee

Requirements For Ordering Hospital Outpatient Services Clarified By CMS

'Tis the Season to [Not] Give Kickbacks

ACOs Take Two: Major Changes in Final Regulations

Multiple Government Agencies and Departments Make Coordinated Release of Final Medicare ACO Rules

Proposed Rule Modifies HIPAA's Accounting of Disclosures Requirements

Designated representative may sign APN standard care arrangement on behalf of collaborating physician

Two Companion Rules Completing the Stage 1 Criteria for the Electronic Health Record Incentive Program Released

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