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Frier Levitt’s Government Affairs/Advocacy Services

As legal counsel to providers in an ever-changing healthcare landscape, Frier Levitt recognizes the importance of monitoring proposed, pending and recently enacted legislation and/or rulemaking that affects our clients. From time-to-time, stakeholders are invited to participate in shaping the outcome of a proposed bill (perhaps though testimony at a Congressional hearing) or a proposed rule (through the submission of a public comment to be considered by a rulemaking agency.) We...

CMS Seeking Public Comments on Reforming Scope of Practice Regulations

Acting on Executive Order #13890, "Protecting and Improving Medicare for Our Nation's Seniors," the Centers for Medicare & Medicaid Services ("CMS") will consider new regulations designed to eliminate the regulatory barriers that constrain advanced practice providers (i.e., physician assistants and advanced practice nurses) from practicing at the top of their professional licenses. These barriers include burdensome billing requirements, conditions of participation, and supervision requirements that are more stringent than applicable...

Provider ALERT: 2020 Medicare Physician Fee Schedule Includes Expansion of Revocation Authority

Upon the annual announcement of the Medicare Physician Fee Schedule, providers are typically focused on the new payment rates and policies, but the 2020 version includes an expansion of revocation authority about which all enrolled providers must be aware. The Centers for Medicare & Medicaid Services (CMS) has always retained the discretion to deny or revoke a provider's enrollment status and corresponding billing privileges for violations of CMS rules, but...

New CMS Rule: Program Integrity Enhancements to the Provider Enrollment Process

The Centers for Medicare & Medicaid Services (CMS) recently announced a final rule entitled "Program Integrity Enhancements to the Provider Enrollment Process." The new rule, which will go into effect on November 4, 2019, requires Medicare, Medicaid, and Children's Health Insurance Program (CHIP) providers and suppliers to disclose any current or previous direct or indirect "affiliations" (as specifically defined by CMS) with another provider or supplier that: has uncollected debt...

Recent DOJ Complaint Targets Hospital’s Compensation Arrangements with Physicians

On March 25, 2019, the U.S. Department of Justice (DOJ) filed a 49-page, multi-count complaint in Pennsylvania federal court against Wheeling Hospital in West Virginia, citing the hospital’s payments to physicians as violating the Anti-Kickback Statute, Stark Law and False Claims Act (FCA). The alleged fraud scheme includes, but is not limited to, incentive compensation paid to physicians employed by the hospital and suspect equipment rental arrangements with a radiology...