Qualifications for Artificial Limb Suppliers, After Only 16 Years

Bill Clinton was President when Congress enacted a law requiring CMS to come up with qualifications for those who make or supply artificial limbs to Medicare patients.  It was January 11, 2017, when CMS finally unveiled the proposed qualifications.  And, having taken over 16 years to produce the proposal, CMS …

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Do CMS Ratings Punish Hospitals for Serving the Poor?

Does the CMS star rating system reward hospitals for serving the affluent and punish those that serve the poor?  The answer is a resounding yes, according to a recently published analysis by Bloomberg BNA.  The analysis compared star ratings of hospitals across the country with U.S. Census Bureau data for each …

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The Law Doesn’t Forbid Submitting False Claims

An Eighth Circuit decision provides a reminder that the False Claims Act doesn’t forbid submitting false claims: it forbids knowingly submitting false claims.   That made all the difference in an appeal of summary judgment in favor of a physician group that, according to the relator, failed to comply with …

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Hold it, Doctor! Don’t Hit the Send Button!

The Joint Commission made a big splash when it issued its “Update: Texting Orders” back in the spring.  That Update rescinded the accrediting organization’s long-standing prohibition on sending physician orders via text messaging.  Practitioners were now free, the Update said, to send orders by text, …

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Unplanned EHR Disruptions–Common for Hospitals

The prevalence of ransomware attacks is increasing.  In fact, “[o]n average, more than 4,000 ransomware attacks have occurred daily since January 1, 2016,” according to a recent interagency government report.  Given this known threat, contingency planning by hospitals becomes even more important.  This …

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Same Per-Click Rule, New Rationale

On July 7 CMS issued a proposed rule reaffirming its position that the Stark Law prohibits “per-click” rent payments when the lessor is the one referring the patients to the lessee for the “click,” e.g., the test or procedure.  Say, for example, a physician leases an X-ray machine to an imaging center. …

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