Earlier this summer, the Supreme Court issued an opinion in Becerra v. Empire Health Foundation, a case where a hospital challenged the Department of Health and Human Services (“HHS”) interpretation of a 2004 regulation affecting the way Medicare’s disproportionate share hospital (“DSH”) adjustments are calculated. The Supreme Court upheld HHS’s interpretation, much to the disappointment of the…
West Virginia’s Medical Professional Liability Act (MPLA), W. Va. Code 55-7B-6(b), provides that at least thirty days before filing suit, a claimant must serve two pre-suit documents - a Notice of Claim and a Certificate of Merit - on each health care provider they intend to sue. Timely compliance with the statute can “toll” or extend the applicable statute of limitations. In Adkins v. Clark, No.…
Beginning January 1, 2023, the Colorado Option Plan will go into effect. Under the Colorado Option Plan, private insurers will be required to offer a standardized insurance plan that offers certain health care services and dictates the services that insureds could receive without paying towards the deductible to the counties in which insurers already sell plans to the individual and small group…
Congress enacted the No Surprises Act (the “Act”) to protect patients against “surprise bills,” while at the same time respecting a provider’s ability to receive remuneration for services rendered. In this third installment of the series (first installment and second installment), we provide an update that the Department of Health and Human Services (“HHS”) together with the Department of Labor…
As detailed in an earlier blog post, Congress enacted the No Surprises Act (“Act”) to protect patients against “surprise bills.” A surprise bill occurs when a patient receives health care services from an out-of-network provider. It can occur in both emergency and non-emergency situations, although frequently it occurs during emergency situations when a patient does not choose the facility or…
House Bill 21-1232 or the “public option bill” is before the Colorado legislature for the second time and the numerous rounds of rewrites have changed the character of the bill itself. Initially proposed as a public health insurance plan offered by the state, the bill now seeks to mandate a standardized health insurance plan that is operated by private insurers. If approved, the public option…
On May 10, 2021, the U.S. Department of Health and Human Services (HHS) announced that the Office of Civil Rights (OCR) will interpret and enforce Section 1557 and Title IX’s prohibition on discrimination based on sex to include both (1) discrimination on the basis of sexual orientation and (2) discrimination on the basis of gender identity.
OCR is responsible for enforcing Section 1557 of the…
On November 20th, 2020, the Centers for Medicare & Medicaid Services (CMS) made sweeping changes to the Stark Law through the issuance of a new “Final Rule,” which is an essential mile-marker in the government’s Sprint to Coordinated Care. Many industry stakeholders have been eagerly awaiting the Final Rule’s issuance, hoping that it would provide more flexibility and clarity to this complex…
On June 19, 2020, the U.S. Department of Health and Human Services (HHS) published its finalized rule1 (Final Rule) revising certain provisions contained in Section 1557 of the Patient Protection and Affordable Care Act (ACA).2 Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age or disability in certain health programs and activities.
Ten years ago this week, President Obama signed into law the Affordable Care Act. The healthcare landscape has changed drastically since then, and the current Coronavirus crisis raises even more novel issues for employer sponsors of group health plans. Among the most pressing issues for employers during this time are employee leaves of absence and reductions in work hours. There are several…
