Last week, the U.S. Centers for Medicare & Medicaid Services (“CMS”) released a Request for Information (“RFI”) that seeks feedback from stakeholders in the healthcare industry on possible regulatory changes to the Stark Law. CMS has expressed concern that the
June 2018
Department of Labor publishes final rule to expand access to Association Health Plans
The United States Department of Labor (DOL) published a final rule on June 19 that relaxes the regulation of, and expands access to, association health plans (AHPs). President Donald J. Trump’s October 12, 2017 Executive Order instructed the DOL to…
Coalition of conservative groups release outline of plan to repeal and replace the Affordable Care Act
On June 19, the Health Policy Consensus Group, a coalition of conservative groups including the Heritage Foundation, the Galen Institute and the Hoover Institution, released an outline of a new proposal to repeal and replace the Affordable Care Act (ACA). …
FDA releases new guidance on off-label promotion
Last week, the U.S. Food and Drug Administration (“FDA”) released two guidance documents that relate to sharing of certain information about drugs and medical devices, including economic information about unapproved products and unapproved uses, as well as information not included…
MedPAC recommends to Congress a 30 percent reduction in Medicare payment rates for services provided in certain hospital off-campus emergency departments
In its June 2018 Report to the Congress the Medicare Payment Advisory Commission (MedPAC) recommends that Congress reduce Medicare Type A emergency department payment rates by 30 percent for services furnished in hospital off-campus emergency departments that are located within …
HHS requests comments on healthcare innovation and investment workgroup
A Request for Information (RFI) published in the June 7 Federal Register seeks comments on the structure of a workgroup to increase innovation and investment in the healthcare industry. The Immediate Office of the Secretary of HHS seeks comments on…
Department of Justice will not defend ACA individual mandate
The Department of Justice (DOJ) announced on June 7, 2018 that it will no longer defend the constitutionality of section 5000A of the Affordable Care Act (ACA), a.k.a. the individual mandate. DOJ announced its policy change in a three page…
Joint Commission issues advisory on continuity of operations planning
On May 22, 2018, the Joint Commission released an advisory addressing the importance of continuity of operations planning (COOP). When an emergency strikes, an ill-prepared health care organization can put patients at risk. The goal of an COOP is “to…
Virginia to expand Medicaid in January 2019; Utah will vote on Medicaid expansion this November
Virginia is expected to become the 33rd state (plus the District of Columbia) to expand Medicaid under the Affordable Care Act (ACA) following the passage of a budget by the Virginia legislature. The expansion will take effect on January 1, …