CMS Home Health PPS changes take effect Jan. 1

After proposing changes to the Medicare Home Health Prospective Payment System for 2015 this summer and receiving feedback in October, the Centers for Medicare & Medicaid Services (CMS) is set to implement the rule change on January 1, 2015. The HH PPS payment rates include continued implementation of the rebasing adjustments as required by the Affordable Care Act ("ACA"). Some [...]

By |2016-12-27T11:06:53-06:00December 22, 2014|

OIG to Pursue Errors in Billing and Payment, Among Other Issues

The U.S. Department of Health and Human Services Office of Inspector General recently released their Work Plan for Fiscal Year 2015. OIG releases a Work Plan each year that summarizes new and ongoing reviews and activities that the office plans to monitor and pursue during the current fiscal year and moving forward. OIG plans to continue its focus on emerging [...]

By |2016-12-27T11:06:55-06:00November 19, 2014|

Labor Department ruling to take effect Jan. 1

Effective January 1, 2015, the U.S. Department of Labor Wage and Hour Division (“DOL”) will implement a new rule to extend the Fair Labor Standards Act’s (“FLSA”) federal minimum wage and overtime protections to all direct care workers employed by home care agencies and other third parties, including certified nursing assistants, home health aides, personal care aides, caregivers and companions. [...]

By |2016-12-27T11:06:57-06:00October 20, 2014|

New guidelines for use of opioid analgesics in treatment of chronic pain

The Federation of State Medical Boards recently updated their Model Policy for the Use of Opioid Analgesics in the Treatment of Chronic Pain, which is anticipated to be a guideline for the Colorado Medical Board in assessing a physician’s management of pain to determine if opioid analgesics were used appropriately and in compliance with state and federal laws and regulations. Since [...]

By |2016-12-27T11:07:11-06:00January 24, 2014|

96-hour rule: Inpatient certification requirements for 2014

To comply with the 2014 Inpatient Prospective Payment System Rule, hospitals and critical access hospitals must have physician certification to receive payment under Medicare Part A for inpatient services, and the order to admit must be authenticated by a physician. Authentication includes the reasons for the inpatient services, an estimate of the time the patient will require in the hospital, [...]

By |2016-12-27T11:07:11-06:00January 16, 2014|

Ruling on Negative Credentialing and Liability

On Aug. 29, 2013, the Colorado Court of Appeals handed down an important ruling regarding hospital liability in negligent credentialing cases. In Hickman v. Catholic Health Initiatives (CHI) (Case No. 13CA0939), the court interpreted a new Colorado statute (C.R.S. 12-36.5-203(2)), adopted July 1, 2012, which eliminated immunity for health care facilities relating to credentialing decisions. The plaintiffs in Hickman brought [...]

By |2014-02-06T00:13:58-06:00September 18, 2013|

Pechon and Smith Contribute to 2013 Annual Survey of Colorado Law

Colorado Continuing Legal Education in Colorado, Inc., completed the 2013 Annual Survey of Colorado Law, and Caplan and Earnest attorneys Cindy Pechon and Gregory James Smith were primary authors of the Health Law chapter of the survey. Advising and representing health care providers is a significant part of Caplan and Earnest’s Health Law practice. If you have questions or would like [...]

By |2014-09-24T12:38:59-06:00September 1, 2013|

Possibly Deceptive Solicitation from “Compliance Services”

Caplan and Earnest is notifying its clients of another possibly deceptive solicitation issued by "Compliance Services." The entity has mailed solicitations titled "Annual Minutes Requirement Statement Directors and Shareholders" to businesses in Colorado. These solicitations offer to prepare documents to satisfy the annual minutes requirement for a $125 fee. Though most corporations are required to keep records of annual minutes, [...]

By |2017-06-19T10:42:22-06:00July 18, 2013|

Conditions of Participation to Receive Medicare Reimbursement

Ambulatory surgical centers, hospitals, and critical access hospitals must fulfill certain conditions of participation to receive Medicare reimbursement.  One specific condition is that certified registered nurse anesthetists (CRNAs) must be supervised by a physician when administering anesthesia.  However, a state may choose to opt out of this particular physician supervision requirement if the Governor of the state so chooses.  On [...]

By |2016-12-27T11:07:16-06:00July 31, 2012|

Webinar: The Colorado Professional Review Act: Important 2012 Legislative Changes

The webinar has concluded. Caplan and Earnest will be conducting a complimentary Webinar about the recent 2012 legislative changes to the Colorado Professional Review Act (CPRA). Linda Siderius will discuss important aspects of the new CPRA legislation for hospitals, physicians, physician assistants, and advanced practice nurses including significant changes to the scope of the statute, reporting requirements, immunity provisions, and [...]

By |2016-12-27T11:07:16-06:00June 18, 2012|