HOSPITALS AND HEALTH SYSTEMS

In May 2019, CMS released draft guidance for hospitals addressing co-location, which is the first time CMS has formally addressed co-location issues. When separate entities share space, staff, and/or services, they may considered co-located providers. Examples of co-location include a provider that leases space from a hospital or two hospitals that share space and staff. […]

By: Elizabeth Jepson, J.D. Providers must be cognizant of their ability and/or responsibility to share protected health information (PHI) of patients suffering from opioid addiction. Recently, U.S. Health and Human Services Office for Civil Rights (OCR) published guidance regarding the disclosure of PHI for patients in crisis, including those experiencing opioid addiction and/or overdose. In […]

By: Allison Shelton, J.D. Federal courts in Texas issued two temporary restraining orders (TROs) against HHS in the second half of 2018 to prevent HHS from recouping alleged overpayments from certain providers. In each case, the provider claimed that HHS violated the provider’s procedural due process rights because the provider was not allowed a hearing […]

By: Elizabeth Jepson, J.D. The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (the SUPPORT Act) was signed into law at the end of October 2018. Amongst many other items, the SUPPORT Act directs the U.S. Drug Enforcement Agency (the DEA) to establish a registration for practitioners who prescribe […]

By: Allison Shelton, J.D. On December 14, 2018, in Texas v. United States, Judge Reed O’Connor from the U.S. District Court for the Northern District of Texas ruled that (1) the Individual Mandate in the Affordable Care Act (ACA) is unconstitutional, and (2) the remaining provisions of the ACA are invalid. The ruling does not […]