Thomas Dowdell (US)

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Budget Act codifies Stark liberalizations

By Thomas Dowdell (US) and Joseph Keillor (US) on February 20, 2018 Posted in News from DC, Regulatory

As we previously reported, on February 9, the U.S. Senate and House of Representatives approved the Bipartisan Budget Act of 2018 (the “Act”) and President Trump subsequently signed the bill into law. Section 50404 of the Act includes several amendments to the Stark Law. Specifically, Section 50404 endorses recent liberalizations of the Stark Law requirements … Continue reading

US Congress agrees to and President Trump signs budget deal that includes health care provisions

By Thomas Dowdell (US) on February 9, 2018 Posted in News from DC

Early this morning, Friday, February 9, the US Senate voted 71 – 28 to approve a budget proposal. Subsequently, the House of Representatives passed by a 240 – 186 vote the budget package and President Trump has signed the bill into law. The legislation reportedly: (i) funds federal agencies until March 23; (ii) includes US$89.3 … Continue reading

U.S. Senate passes tax bill eliminating penalties for failure to comply with ACA individual health insurance mandate

By Thomas Dowdell (US) on December 4, 2017 Posted in News from DC

On December 2, the U.S. Senate passed a tax bill by a 51-49 vote. The legislation would not repeal the Affordable Care Act (ACA) individual health insurance mandate but instead would eliminate tax penalties for con-compliance with the mandate. Senator Susan Collins (R-ME) announced her support for the bill in a press release in which … Continue reading

340B drug discount program payment reductions challenged; Alex Azar nominated as next HHS Secretary

By Thomas Dowdell (US) on November 14, 2017 Posted in News from DC

On November 13, the American Hospital Association, Association of American Medical Colleges, America’s Essential Hospitals, Eastern Maine Healthcare Systems, Henry Ford Health System, and Fletcher Hospital filed a lawsuit in United States District Court for the District of Columbia seeking declaratory and injunctive relief, including a preliminary injunction preventing the reduction in payments for 340B … Continue reading

CMS issues 2018 Medicare physician fee schedule final rule and MACRA physician QPP final rule

By Thomas Dowdell (US) on November 3, 2017 Posted in News from DC

On November 2, 2017, the Centers for Medicare & Medicaid (CMS) Services issued its Calendar Year (CY) 2018 Medicare Physician Fee Schedule (MPFS) final rule. The overall update to payments under the MPFS in 2018 will be +0.41 percent. The 2018 MPFS conversion factor will be $35.99, an increase from $35.89 in 2017. MPFS payment … Continue reading

CMS issues 2018 hospital OPPS and home health PPS final rules

By Thomas Dowdell (US) on November 2, 2017 Posted in News from DC

On November 1, 2017, the Centers for Medicare & Medicaid Services (CMS) issued its final hospital outpatient prospective payment system (OPPS) and ambulatory surgical center (ASC) payment system final rule for Calendar Year (CY) 2018. On the same day CMS also issued its home health prospective payment system 2018 final rule. OPPS payment rates will … Continue reading

Federal judge rejects preliminary injunction mandating ACA cost-sharing reduction payments; CBO estimates $3.8 billion deficit reduction from bipartisan ACA bill

By Thomas Dowdell (US) on October 30, 2017 Posted in News from DC

On Wednesday, October 25, Judge Vince Chhabria, federal district court in San Francisco, rejected a request for a preliminary injunction by 18 states and the District of Columbia to compel the Trump Administration to continue to pay cost-sharing reduction (CSR) payments to health insurance companies. Judge Chhabria concluded: (i) States have been preparing for months … Continue reading

President Trump announces end of cost-sharing reduction payments to insurers; President signs executive order promoting association health plans

By Thomas Dowdell (US) on October 17, 2017 Posted in News from DC

On October 12, President Trump announced in a filing by the Department of Justice in the ongoing litigation challenging the cost-sharing reduction (CSR) payments that such payments will no longer be made to insurers. CSR payments help offset deductibles and other out-of-pocket expenses for Affordable Health Care Act (ACA) exchange health insurance coverage for approximately … Continue reading

U.S. Senate Republican leadership decides against full Senate vote on Graham-Cassidy ACA repeal and replace legislation; HHS Secretary Tom Price resigns under pressure from the White House

By Thomas Dowdell (US) on October 2, 2017 Posted in News from DC

On Tuesday, September 26, Senate Republican leadership decided not to hold a full Senate vote on the Graham-Cassidy Affordable Care Act (ACA) repeal and replace legislation. The previous day, Monday, September 25, the Senate Finance Committee held a hearing on the Graham-Cassidy bill. Following the hearing, Senator Susan Collins (R-ME) announced her opposition to the … Continue reading

US Senators Graham and Cassidy revise Affordable Care Act repeal legislation prior to Finance Committee hearing; AHA requests CMS guidance on hospital co-location and shared space arrangements

By Thomas Dowdell (US) on September 25, 2017 Posted in News from DC

On Sunday evening, September 24, U.S. Senators Lindsey Graham (R-South Carolina) and Bill Cassidy (R-Louisiana) released a revised version of their Affordable Care Act (ACA) repeal legislation in advance of the Senate Finance Committee hearing scheduled for Monday, September 25, at 2 PM EST. The amended bill is similar to the legislation previously released in … Continue reading

U.S. Senators continue ACA stabilization and repeal efforts

By Thomas Dowdell (US) on September 13, 2017 Posted in News from DC

The Senate Health, Education, Labor and Pensions (HELP) Committee has held three hearings in the past few days attempting to reach a bipartisan agreement on stabilizing the Affordable Care Act (ACA) insurance markets and will hold a fourth hearing later this week. HELP Committee Chairman Lamar Alexander (R-TN) and Ranking Minority Member Patty Murry (D-WA) … Continue reading

CMS issues blanket waivers as a result of Hurricane Harvey; health care reform efforts continue

By Thomas Dowdell (US) on September 5, 2017 Posted in News from DC

The Centers for Medicare & Medicaid Services (CMS) has issued several blanket waivers of Medicare requirements as a result of Hurricane Harvey. Examples of requirements that CMS may waive include those relating to conditions of Medicare participation or certification, preapproval requirements, EMTALA requirements, Stark Law self-referral sanctions, and performance deadlines. Providers do not need to … Continue reading

CMS extends deadline for health insurers to file 2018 rate requests; bipartisan group of experts advocates certain health reform initiatives

By Thomas Dowdell (US) on August 14, 2017 Posted in Regulatory

On August 11, the Centers for Medicare & Medicaid Services sent a memorandum to insurers announcing an extension of the deadline by almost three weeks until September 5 for insurers to file their 2018 rate requests. Insurers are wrestling with whether to participate in the Affordable Care Act exchanges/marketplaces in 2018, and if so, the … Continue reading

Health care reform discussions continue in U.S. Senate; CMS issues multiple rules relevant to payments to and policies for hospitals, hospices, and skilled nursing facilities

By Thomas Dowdell (US) on August 7, 2017 Posted in News from DC

On August 1, Chairman Lamar Alexander (R-Tenn.) and Ranking Minority Member Patty Murray (D-Wash.) of the U.S. Senate Committee on Health, Education, Labor and Pensions announced that the committee will hold hearings the week of September 4th on actions that Congress could take in an attempt to stabilize and strengthen the individual insurance markets in … Continue reading

U.S. Senate rejects health care reform legislation; CMS releases home health proposed rule for CY 2018

By Thomas Dowdell (US) on July 31, 2017 Posted in News from DC

Last week the U.S. Senate rejected three health care reform proposals intended to repeal all or parts of the Affordable Care Act (ACA). On Tuesday, Vice President Mike Pence cast the deciding vote 51-50 for the Senate to begin debate on legislation to repeal significant parts of the ACA. Later Tuesday evening, however, the Senate … Continue reading

Senate delays vote on health care bill; CMS issues OPPS and physician fee schedule proposed rules; House subcommittee to hold hearing on 340B drug pricing program

By Thomas Dowdell (US) on July 17, 2017 Posted in News from DC

As reported last week , on Thursday U.S. Senate Republican leadership released their latest version of the “Better Care Reconciliation Act of 2017.” The Congressional Budget Office score of the revised bill was expected today, with Senator Majority Leader Mitch McConnell intending for the full Senate to debate and vote on the legislation this week. However, last … Continue reading

US Senate Republican leadership releases latest version of health care reform legislation

By Thomas Dowdell (US) on July 14, 2017 Posted in News from DC

On Thursday, Senate Republican leadership released their latest version of health care reform legislation entitled the “Better Care Reconciliation Act of 2017.” The revised bill includes Senator Cruz’s proposal (in brackets) to allow insurers under certain conditions to offer health plans that do not comply with the Affordable Care Act (ACA), provided they also offer … Continue reading

Senate Majority Leader Mitch McConnell continues work on Senate health care reform legislation; CMS delays changes to home health agency conditions of participation.

By Thomas Dowdell (US) on July 10, 2017 Posted in News from DC

The U.S. Congress was not in session last week, but Senate Majority Leader Mitch McConnell (R-Kentucky) continued to work on the Senate Republican health care reform legislation. Senator McConnell proposed: (i) adding $45 billion to the bill to combat the opioid epidemic, up from $2 billion in the original legislation; and (ii) expanding Health Savings … Continue reading

US Senate Republican leadership releases new draft of health care reform legislation

By Thomas Dowdell (US) on June 26, 2017 Posted in News from DC

Earlier this afternoon U.S. Senate Republican leadership released a new discussion draft of the Better Care Reconciliation Act of 2017. Senate Republican leadership released the first version of the draft legislation last Thursday, June 22. This new discussion draft includes a provision to encourage individuals to maintain continuous health care coverage. This provision, which would … Continue reading

U.S. Senate health care reform legislation if enacted into law will make significant changes to the Affordable Care Act

By Thomas Dowdell (US) on June 23, 2017 Posted in News from DC

U.S. Senate Republican leadership yesterday released its draft health care reform legislation entitled the “Better Care Reconciliation Act of 2017.” The Senate legislation would retain two key provisions of the Affordable Care Act (ACA): (i) insurers are prohibited from denying coverage or increasing an individual’s premiums based on a preexisting medical condition; and (ii) young … Continue reading

U.S. Senate Republican leadership releases draft text of health care reform legislation entitled “Better Care Reconciliation Act of 2017”

By Thomas Dowdell (US) on June 22, 2017 Posted in News from DC

This morning U.S. Senate Republican leadership released a 142-page “Discussion Draft” of the Senate health care reform legislation entitled “Better Care Reconciliation Act of 2017.” Senate Majority Leader Mitch McConnell reportedly is pushing for a vote as soon as next Thursday, June 29. The Congressional Budget Office is considering the projected financial effects of this … Continue reading

Republican Senators continue work on health care reform legislation while another insurer withdraws from a state ACA marketplace; U.S. Senate and House of Representatives committees hold hearings this week on the cost of prescription drugs and funding for safety net health programs

By Thomas Dowdell (US) on June 12, 2017 Posted in News from DC

Last Tuesday, Senior Republican leadership in the Senate held a closed-door briefing for Republican Senate members regarding Senate health care reform legislation. Senior Republican leadership reportedly indicated that they favor the retention of guaranteed protections for individuals with preexisting conditions, a more gradual roll back of the expansion of Medicaid, and may opt to keep … Continue reading

US Senate returns from recess with Senate Republicans hoping to draft their version of health care reform legislation; members urge HHS to allow charitable assistance programs to provide financial assistance to patients

By Thomas Dowdell (US) on June 5, 2017 Posted in News from DC

The US Senate resumes business this week after a week-long recess with Senate Republicans hoping to begin to draft their version of health care reform legislation. Senate Majority Leader Mitch McConnell (R-Ky.) has expressed doubt whether Republicans will have the minimum 50 votes necessary in the Senate to pass the bill. The most significant issues … Continue reading

Congressional Budget Office releases score of American Health Care Act of 2017 as passed by the U.S. House of Representatives; Senate Republicans continue work on their version of health care reform legislation

By Thomas Dowdell (US) on May 30, 2017 Posted in News from DC

On May 24th, the Congressional Budget Office (CBO) released its score of H.R. 1628, the American Health Care Act of 2017 (AHCA), as passed by the U.S. House of Representatives. The CBO estimates that the AHCA would reduce the federal deficit by $119 billion over 10 years. The CBO also estimates that if enacted, in … Continue reading