Update on Possible OSHA Prevention of Violence in Healthcare and Social Assistance Rule
Healthcare Law Insights
by Donna Pryor
1w ago
OSHA is currently considering a possible “Prevention of Workplace Violence in Healthcare and Social Assistance” rule. If passed, the Rule would apply to employers whose employees face an increased risk of workplace violence from their patients, clients, residents and/or facility visitors. Such employees include those who work in hospitals, ambulatory medical care or substance abuse treatment centers, freestanding emergency centers, residential care facilities, home healthcare, EMS and/or social assistance (excluding child day care centers). The attached link is a PowerPoint presentat ..read more
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Significant Change in Medicare Enrollment Risk Categories for SNFs
Healthcare Law Insights
by Michael R. Crowe, Emily Solum and Tom Vaughn
2M ago
The Affordable Care Act mandated that the Centers for Medicare and Medicaid Services (“CMS”) establish risk categories for Medicare enrollment, which are used by CMS to determine what level of scrutiny to give provider enrollment applications, which includes initial enrollment, change of ownership (“CHOW”) applications, and revalidations.  Three risk categories were subsequently created under 42 CFR § 424.518: limited, moderate, and high. Providers in the limited risk category are subject to the lowest scrutiny and those in the high risk category are subject to the most scrutiny. Sin ..read more
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Women’s Network—Storytelling: AHLA’s Educational and Philanthropic Mission
Healthcare Law Insights
by Cori Turner
3M ago
Stories can be powerful tools. Stories can create a sense of connection and have the power to shape the lives of both the storyteller and the listener. Stories also make ideas and experiences relatable and can encourage exploration or action. And it was the stories I heard from members of AHLA’s Women’s Leadership Council that inspired me to write this column as a reminder of the incredible impact of AHLA’s educational mission supported by AHLA’s philanthropic initiatives. My career trajectory paralleled the growth of AHLA. Around the time I started practicing, the American Academy of Hospital ..read more
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ESG Due Diligence Considerations in the Healthcare Industry
Healthcare Law Insights
by Craig Adoor and Lynn Ryan
3M ago
Environmental, Social and Governance (ESG) strategy is an increasingly more common consideration for those undertaking healthcare M&A or capital investments. The nature of healthcare poses unique ESG risks in terms of community impact and involvement, retention in the workforce, and environmentally friendly buildings and medical supplies. As ESG concerns continue to become more important to investors and acquirors—and as government regulations increasingly necessitate movements towards ESG-friendly business practices—both for-profit and non-profit entities in the healthcare industry need t ..read more
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Telehealth’s Post-Pandemic Growth Trajectory
Healthcare Law Insights
by Kimberly Chew, Karen Luong and Natasha Sumner
3M ago
DEA waivers regarding the Ryan Haight Act could play a major role in telehealth’s future. In the first decade of the 21st century, deaths attributable to overdoses of prescription drugs saw an alarming spike in volume, led higher by a tripling of deaths due to opioid use. Amid this surge, Congress enacted the Ryan Haight Online Pharmacy Consumer Protection Act in 2008 as part of an attempt to rein in the burgeoning online marketplace for prescription drugs—particularly those involving controlled substances—which had largely evaded prior enforcement actions. The degree to which the legislation ..read more
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Eastern District of Texas Invalidates Parts of Implementing the No Surprises Act
Healthcare Law Insights
by Ellee Cochran and Tim Ribelin
6M ago
On July 26, 2022, Judge Jeremy Kernodle of the Eastern District of Texas affirmed that certain parts of the Interim Final Rule Part II implementing the No Surprises Act (the Act) were invalid. This ruling is nearly identical to Judge Kernodle’s February decision in Texas Medical Association & Corley v. US Dept. of Health and Human Services. This decision vacated a portion of the Interim Final Rule that required arbitrators to give more weight to the out-of-network rate, including what is called the Qualified Payment Amount (QPA), over other permissible factors. The rule’s requirement ultim ..read more
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Code Blue! — Violence in the Workplace
Healthcare Law Insights
by Tom Godar
6M ago
Workplace violence has become a hot topic in today’s discourse; however, workplace violence is not just headline fodder for media outlets. The trend is well-documented and especially felt by the healthcare industry which continues to experience the brunt after the onslaught of COVID-19. In 2018, 73% of all nonfatal workplace violence incidents involved healthcare workers. A late 2020 survey reported that 20% of nurses reported they were facing an increase in workplace violence after the COVID-19 pandemic began. Another study reported a 14.6% increase in workplace violence at New Jersey hospita ..read more
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Hospice Audit Series: It’s That Time of Year Again: Quality Data Reporting Determinations Raise New and Recurring Issues
Healthcare Law Insights
by Meg S.L. Pekarske and Jacob Harris
6M ago
Each July, the Medicare Administrative Contractors issue notices of a 2% Medicare payment reduction to those providers who did not meet quality data reporting requirements. Those notices have been sent. In this episode, Husch Blackwell’s Meg Pekarske and Jacob Harris talk about the issues providers faced in 2021 and how to pursue an appeal of the 2% payment reduction. Listen to the full episode here: https://www.huschblackwell.com/newsandinsights/hospice-audit-series-its-that-time-of-year-again-quality-data-reporting-determinations-raise-new-and-recurring-issues ..read more
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Employment Considerations for Long Term Care Facilities under the Biden-Harris Administration
Healthcare Law Insights
by Shawna Ruetz, Jenna Brofsky and Michael R. Crowe
6M ago
Background   In direct response to the significant challenges experienced by long term care (LTC) facilities throughout the COVID-19 pandemic, the Biden-Harris Administration announced its commitment to improving safety and quality of care. During the March 1, 2022 State of the Union address, President Biden reaffirmed the Biden-Harris Administration’s commitment to protecting residents and staff of nursing homes. The Biden-Harris Administration has since taken steps to establish new minimum staffing ratios within nursing or skilled nursing facilities (SNFs), increase scrutiny of poorly p ..read more
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Decoding Legalese of Value-Based Contracts
Healthcare Law Insights
by Hal Katz
6M ago
As the health care industry shifts from fee-for-service to value-based arrangements, providers are facing a lot of challenges. A provider’s relationship with payers is often strained by the new business model, and a provider’s ability to collaborate with payers has never been more important. On this episode of Value-Based Care Insights, host Daniel J. Marino and I discuss how providers can successfully navigate value-based contracting with payers in a mutually beneficial way. Tune into the full episode here: https://www.luminahp.com/podcast/decoding-legalese-value-based-contracts ..read more
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