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Amanda Bogle

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Amanda provides counsel on healthcare transactional, regulatory and operational issues, assisting clients as they navigate an ever-evolving regulatory landscape. She frequently addresses questions regarding:

  • Mergers & Acquisitions, including Medicare changes of ownership (CHOW)
  • Fraud and abuse laws, such as the Anti-Kickback Statute, Stark Law and False Claims Act
  • Reimbursement (e.g. Outpatient Prospective Payment System, Medicare Physician Fee Schedule)
  • 340B Program
  • Telehealth expansion, particularly during the COVID-19 pandemic
  • Hospital licensure
  • Joint Commission accreditation
  • Certificates of Need

So, you’ve received a third-party subpoena. Now what? A third-party subpoena is the procedural mechanism that allows parties in litigation to obtain evidence from non-party individuals and/or entities. For federal cases, Federal Rule of Civil Procedure 45 governs this process. Rule 45 outlines specific procedures that litigants must follow to serve a subpoena seeking documents and/or testimony properly. The Rule also provides protections non-parties can use to alleviate their burden in producing responsive documents. Most states have their own rules that govern non-party discovery that often, but not always, mirror Rule 45.

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There were no major surprises when the Medicare hospital outpatient prospective payment system (OPPS) and physician fee schedule (PFS) Final Rules were released on November 2, 2021, but there are still several financial and compliance areas that healthcare providers must prepare for as we head into 2022. Today’s update provides a brief summary of the…