News & Resources

Reasonable and Necessary, Breakthroughs in Reverse; CMS Changes Course on Breakthrough Medicare Device Coverage and Definition of “Reasonable and Necessary”

Introduction On September 1, 2020, CMS published a new proposed rule designed to create a streamlined Medicare coverage pathway for new and innovative medical devices deemed “breakthrough” by the Food and Drug Administration (“FDA”). Had the… Read More
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Virginia Board of Medicine Prioritizes Patient Access to Services in New Telemedicine Guidance Document

In the midst of the COVID-19 pandemic, businesses had to find new, evolving ways to continue to provide goods and services safely to their clients and patients. Health care providers were no exception; however, emergency federal and state telemedicin… Read More
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Seven Year Regulatory Cycle: Revisions to the State Medical Facilities Plan for Cardiac Catheterization and Occupancy Standards for Nursing Home Beds Effective March 31, 2021

Revisions to the State Medical Facilities Plan (“SMFP”)—to be replaced over the next 2 years by the State Health Services Plan (“SHSP”)—took effect March 31, 2021. These revisions (1) implement new review criteria for cardiac catheterizat… Read More
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The Designated Support Person: A Different Kind of DSP

Introduction Governor Northam recently signed into law a statute that will require certain licensed medical facilities in Virginia to always allow “designated support persons” to visit and assist patients with disabilities. This statute will be e… Read More
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CMS Finalizes New Value Based Arrangement and Cybersecurity Exceptions and New Guidance for Complying with Stark Law

On November 20, 2020, the Centers for Medicare & Medicaid Services (CMS) published its Final Rule updating the physician self-referral law (“Stark Law”) located at 42 CFR 411. Originally proposed in 2018, the Final Rule establishes new except… Read More
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Categories: Client Advisory

Final Rules Provide Medicare Patients and Physicians Greater Flexibility and Lower Costs

On December 2, 2020, CMS announced new Outpatient Prospective Payment System (“OPPS”) and Ambulatory Surgical Center (“ASC”) final rules. Buried within are several provisions which will permit more surgeries to be performed in ASCs, thereby i… Read More
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Enhanced HIPAA Enforcement Actions in 2020 and Beyond: Health Care Providers of All Sizes Need to Be Prepared

As the COVID-19 pandemic has continued, health care providers have adjusted to a new reality of providing health care services to patients through telehealth and other means designed to mitigate the spread of the virus. With these new practices come… Read More
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Categories: Client Advisory

New HIPAA Rule Aims to Promote Access to Medical Records and Care Coordination

New HIPAA Rule Aims to Promote Access to Medical Records and Care Coordination As 2020 closes, the Department of Health & Human Services has announced the most significant proposed changes to the Health Insurance Portability and Accountability Ac… Read More
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Virginia’s New Independent Contractor Laws: Implications for Health Care Providers

Introduction During the 2020 session, the Virginia General Assembly enacted several new laws addressing the evolving employer-worker relationship in a gig economy. Although the appropriate classification of workers as independent contractors versus e… Read More
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Categories: Client Advisory

CMS “Breaks Through” Medicare Coverage Delay and Defines “Reasonable and Necessary” in Proposed Rule

Introduction On September 1, 2020, CMS published a new proposed rule that would create a streamlined Medicare coverage pathway for new and innovative medical devices that are deemed “breakthrough” by the Food and Drug Administration (“FDA”).… Read More
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