On February 23, 2022, Judge Jeremy Kernodle of the Eastern District of Texas ruled that certain parts of the Interim Final Rule Part II (the Rule) implementing the No Surprises Act are invalid. Specifically, the provisions of the Rule governing the methodology for how arbitrators determine the amount of payments insurers and self-funded health plans

The Office of Inspector General (OIG) recently announced that its 2022 work plan for hospices will include a nationwide review of hospice beneficiary eligibility. In this episode, Husch Blackwell’s Meg Pekarske and Bryan Nowicki discuss what led to this latest effort by the OIG, what hospices can expect and what they should do. Listen today:

The Accreditation Council for Graduate Medical Education (ACGME), which accredits graduate medical residency and fellowship programs, will require programs to offer six weeks of paid leave for residents/fellows, beginning on the first day of their ACGME-accredited programs. ACGME’s amended Institutional Requirements (effective July 1, 2022) require Sponsoring Institutions (those that administer ACGME-accredited residency/fellowship programs) to have policies for resident/fellow leaves that:

In this episode of the COVID-19 Hospice How-To Series, we discuss the most pressing vaccination issues and how to navigate them. Our team explores strategies for handling vendors, the role unvaccinated staff can have in direct patient care, obligations to require boosters and what enforcement may look like. This episode contains many helpful insights,

On Friday, January 07, 2022, the Supreme Court heard oral arguments on a rule promulgated by the Centers for Medicare & Medicaid Services. The Rule is being challenged by numerous states and CMS is currently enjoined from enforcing the Rule in half the country. The government petitioned the Supreme Court to stay the injunctions in

Hospices’ unique regulatory and business environment impacts how they contract with and relate to other private entities. In this episode, we discuss the many kinds of hospice-related contracts and contract-dispute matters they have worked on, and how their clients benefitted from their in-depth knowledge of hospices. Tune at: https://bit.ly/3JRIObe

Hospices and the False Claims Act Series

The False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal

Strategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to Transform

Change, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this series, we explore how hospices are and can restructure their businesses. We discuss the opportunities and limits of different models: palliative care, affiliations for payor contracting or the more transformative change brought through a merger or acquisition. While there is no one-size-fits-all approach, hospices can explore new ways of being. We are excited to guide you on this road and hope these conversations help as you explore these important questions within your organization and determine your best path into the future.

Surprise! This morning a federal court in Missouri has ordered the Centers for Medicare & Medicaid Services (CMS) not to enforce the vaccine mandate in these states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.

Watch for the CMS/Biden Administration response today!