With low unemployment rates in the Carolinas, many companies – including health care providers – are looking to their competitors to find qualified employees. This hiring strategy has led to a surge in litigation over employee noncompetition and related restrictive covenants. Over the past decade, North Carolina and South Carolina courts have dramatically changed their views on enforceable employment restrictions, meaning that many older agreements may no longer be enforceable.Read More
We both recently returned from presenting to groups of health care providers on creating and implementing effective compliance programs. Although compliance plans and compliance programs are not new to the health care realm, their importance cannot be understated. Accrediting bodies, payers, auditors and investigating entities expect for providers to have compliance plans in place – and expect them to be followed. Here are a few key points about turning a policy into an effective compliance plan:Read More
Medicaid expansion has already had a huge impact on whether mental health needs are treated in certain populations. That may not be at the top of all the stories lately about the U.S. House of Representatives passing its replacement of the Affordable Care Act and the Senate considering its own version. But it is a significant piece of our country’s behavioral health puzzle. The expansion brought coverage to many low-income adults without children, a group that had largely been left out of Medicaid programs.
On February 21, Patti Bartis of Parker Poe highlighted the significant employment law issues facing medical practices on a webinar hosted by the North Carolina Medical Society Foundation in cooperation with the North Carolina Medical Group Management Association.
While much of the attention related to health care this week is focused on our nation’s capital, all 50 state governors have received a letter from recently confirmed U.S. Health & Human Services Secretary Tom Price and Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma. The letter begins by noting the challenges facing Medicaid. The authors describe Medicaid expansion as “a clear departure from the core, historical mission of the program” and as creating “an incentive to deprioritize the most vulnerable populations.” The letter then commits to working with expansion states (31 plus the District of Columbia) and non-expansion states (19) on a “solution that best uses taxpayer dollars to serve the truly vulnerable.”
Join the American Health Lawyers Association in Baltimore for the Institute on Medicare and Medicaid Payment Issues. Parker Poe’s Matt Wolfe will be providing an overview of ACA-Related Litigation and Impact of New Administration at a joint luncheon sponsored by AHLA’s Behavioral Health Task Force and AHLA’s Health Care Reform Task Force on March 30.
Read more here.
March 22, 2017 | 3:00-4:00pm EST
Violence is a more common source of injury in healthcare than other industries and Home Care employers have many workplace challenges. The Home Health Care Industry carries unique risks and hazards and the environment is uncontrolled and more highly varied than traditional health care facilities. Home health workers may also be at risk from the community surrounding the home (robbery, car theft, vandalism). In a recent OSHA enforcement action against a home care agency, the agency was found not to take the steps needed to address employee exposure to workplace violence in a patient’s home.
Individuals should be cautious about sharing personally identifiable information when contacted via phone, including by health care agencies. The Centers for Medicare & Medicaid released an alert earlier this week warning of identified scams related to the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG).
March 2, 2017 | 3:00-4:00pm EST
Section 1557 prohibits health care providers that receive Medicare, Medicaid or other federal funding sources from discriminating on the basis of race, color, national origin, sex, age, or disability. The requirements of the Section 1557 Rules, which were recently adopted by DHHS, requires providers to take many affirmative steps to comply with the law including, adopting nondiscrimination policies, providing free language assistance to individuals with limited English proficiency, and accommodating individuals with disabilities.
February 27, 2017 | 3:00-4:30pm EST
Under the Affordable Care Act, any health care provider that identifies an overpayment from Medicare or Medicaid has a legal requirement to return the overpayment. The Act requires that the overpayments must be reported and returned by the later of 60 days after the date identified or the date any corresponding cost report is due. This has left providers confused about what is meant by identifying an overpayment and how far back providers should “look back” when investigating possible overpayments. In 2016, CMS published final regulations clarifying how Medicare Part A and Part B providers are expected to audit for and fully investigate potential overpayments.