Health Law Update

News and Information from Broad and Cassel's Health Law Practice Group

July 2016
Volume 6, Issue 4
Practice Group Update

Sixth Annual Broad and Cassel Health Forum

 Wednesday, September 7
12:00 PM - 6:00 PM
Seminole Hard Rock Hotel & Casino, Hollywood, FL

Topics to Include: 
MACRA
Compliance
ACOs
Population Health 
 

Please contact Elizabeth Levine if you would like to learn more about this annual event and its sponsorship opportunities.
 
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Contributors

 

   

Mike Segal

Partner

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Mike Bittman   

Mike Bittman

Partner

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Paul R. DeMuro

Of Counsel

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Heather Miller

Senior Counsel

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Fred Segal

Fred Segal

Associate

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To our clients and friends:

We are getting very excited about our upcoming Sixth Annual Health Forum, to be held Wednesday, September 7 at the Seminole Hard Rock Hotel & Casino in Hollywood, FL. It's going to be a great event!

It may be summer, in an election year, but health care news still keeps coming. The government has challenged the two big managed care mergers. It looks like the MACRA start dates may be moved back, but don't think for a moment that MACRA isn't coming!  Medicare fraud cases continue to make news - the latest being one for a BILLION dollars filed in, of all places, Miami!  The two Presidential candidates, not surprisingly, have diverse opinions about the future of healthcare and how it should be legislated. Finally, as I was writing this I received a special alert that the CMS is proposing mandatory bundled payments for heart attacks and bypass surgery at hospitals in 98 randomly selected metropolitan areasThe hits just keep on coming!
 
Our Forum will address most of the big issues of the moment, including compliance, MACRA, ACOs and population health. I hope to see you there!
 
Sincerely,
Mike Segal
Analysis: In Re: Bayou Shores SNF, LLC
By: Mike Bittman

This month, the 11th Circuit decided an important case involving healthcare providers and bankruptcy. In Re: Bayou Shores SNF, LLC, Case No. 15-13731 (11th Cir. July 11, 2016). An AHCA survey determined that a St. Petersburg skilled nursing home had multiple deficiencies causing the health or safety of its residents to be in immediate jeopardy. The Centers for Medicare & Medicaid Services (CMS) subsequently set a date for termination of the SNF's Medicare provider agreement which would have led to termination from the Florida Medicaid program as well.

Please visit this page to continue reading.  
Government to Raise Penalties for False Claims
By: Fred Segal

The United States Government just released an interim final rule that effectively doubles the penalties for violations of the Federal Anti-Kickback Statute. The increase is part of an effort by the Federal Deposit Insurance Commission (FDIC) to amend its policies and procedures to adjust the maximum amount of each civil money penalty (CMP) within its jurisdiction to account for inflation. The Interim Rule raises the penalties for each violation of the False Claims Act from a minim of $5,500 to a minimum of $11,000, and from a maximum of $10,781 to a maximum $21,563.
 
Please visit this page to continue reading. 
Medication Therapy Management Programs
The Advisory Board Company interviewed Of Counsel Paul R. DeMuro to discuss the challenges facing Medication Therapy Management ("MTM") and the role it can play in improving health care. Dr. Stephanie Gernant, Assistant Professor of Pharmacy Practice with Nova Southeastern University's College of Pharmacy, also participated in the discussion. Please visit this page to read the Q&A.
HB 221: A Benefit Or A Burden?
By: Kelsey Greenfield

On April 14, 2016, Governor Rick Scott signed into legislation HB 221, contributing to a growing movement to protect patients from balance billing. HB 221 aims to protect patients from paying "surprise" medical bills for out-of-network services. The legislation covers medical services provided in hospitals, ambulatory surgical centers, mobile surgical centers, and urgent care centers. As Florida already bars balance-billing patients in HMOs, HB 221 only applies to PPO-type plans. Although widely praised by patients, some medical providers fear that legislation like HB 221 will result in physicians needing to litigate possible underpayments.

Please visit this page to continue reading.
 About Us
Broad and Cassel has built one of the most experienced and diversified Health Law and White Collar Defense and Compliance practices in the Southeastern United States. Chambers USA: A Guide to America's Leading Business Lawyers, a highly regarded legal guide, has recognized Broad and Cassel's health care practice and individual attorneys as leaders in the industry -- within Florida and nationwide. The firm has more lawyers certified in Health Law by The Florida Bar Board of Legal Specialization & Education than any other firm. Several of our attorneys are certified in Healthcare Compliance (CHC) and Healthcare Privacy Compliance (CHPC) by the Health Care Compliance Association's (HCCA) Compliance Certification Board (CCB). Broad and Cassel's health lawyers are widely published and frequently make presentations at educational programs throughout the country. Information on future events and industry and attorney news can be found on Broad and Cassel's Health Law Blog at www.healthlawfla.com.  

 
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