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On March 2, 2017, the United States District Court for the District of New Hampshire issued an order (the Order) for a permanent injunction against CMS barring it from enforcing certain “policy clarifications” with respect to the calculation of the hospital-specific disproportionate share hospital (DSH) limit (42 U.S.C. § 1396r-4(g)).  As a result of this order, CMS is permanently enjoined from enforcing these “policy clarifications,” which States had used to reduce the DSH payments for many hospitals.  We anticipate the full scope of this injunction to play out in states around the country. Read More ›

Beginning March 8, 2017, Medicare-participating hospitals, including critical access hospitals, are required to provide the Medicare Outpatient Observation Notice (MOON) to all Medicare beneficiaries receiving observation services for more than 24 hours. This article highlights CMS’ guidance on some of the more pressing questions related to the  implementation of the MOON. Read More ›

The sixteen federal agencies responsible for protecting human subjects of federally-funded research issued a final rule to modernize the Federal Policy for the Protection of Human Subjects on January 19, 2017 - the last day of the outgoing Administration. This is the first comprehensive overhaul of the so-called "Common Rule," which was issued in 1991 to create a uniform set of standards governing federally funded or sponsored research involving human subjects. Read More ›

The Office for Civil Rights of the Department of Health and Human Services announced a civil money penalty of $3.2 million against a Dallas hospital on February 1.  Read More ›

The federal Substance Abuse and Mental Health Services Administration has published a final rule on the confidentiality of substance abuse records. The rule is intended to update and modernize the existing regulations and facilitate information exchange within new health care models. It is available here. The regulation goes into effect February 17, 2017. At the same time, SAMHSA published a proposed regulation to clarify aspects of the new rule. Read More ›

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