Firm: All
Practice Industry: All
Region: All
Country/ State: All
Tag: All
Waller | July 2019

The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) recently released the Health Care Fraud and Abuse Control Program Annual Report. The 2018 Report highlighted key enforcement areas and policy considerations. The Health Insurance Portability and Accountability Act of 1996 established a national Health Care Fraud and Abuse Control Program (the Program) under the direction of the Attorney General and the Secretary of HHS ...

Waller | April 2020

In an effort to mitigate the spread of the coronavirus, conserve medical supplies and prepare for and address the surge of COVID-19 patients, hospitals and other healthcare providers took a number of steps in recent weeks, including: delaying or canceling elective and non-emergent procedures, delayed or rescheduled appointments, retrofitted and/or constructed facilities, expanded to previously non-hospital locations, increased purchasing of supplies and, in some cases, closed cli

Waller | April 2020

On April 10, Health and Human Services (“HHS”) began providing a $30 billion portion of the latest COVID-19 relief fund to healthcare providers. Information on this funding may be found here. While the government announced this funding as coming with “no strings attached” in its April 7 briefing, the relief payment (the “Payment”) does come with certain terms and conditions that a provider must certify compliance with ...

Waller | July 2020

Since the Department of Health and Human Services (HHS) Provider Relief Funds (PRF) first started arriving in provider bank accounts on April 10, 2020, HHS has stated that it will issue additional guidance “soon” on mandatory reporting requirements on how use of funds must be reported. The PRF funds are among the funds Congress appropriated to reimburse eligible healthcare providers for healthcare-related expenses or lost revenues attributable to COVID-19 ...

Waller | September 2020

Details regarding a new Medicare payment model for radiation oncology care have been released by the Department of Health and Human Services (HHS). The new Radiation Oncology Model (RO Model) qualifies as an Advanced Alternative Payment Model (APM) and a MIPS APM under the Quality Payment Program. According to this release from HHS, the RO Model aims to “promote quality and financial accountability for providers and suppliers of radiotherapy ...

Waller | September 2020

The Department of Health and Human Services (HHS) has implemented a new Medicare payment model, the End-Stage Renal Disease (ESRD) Treatment Choices (ETC) Model. The ETC Model was developed to test whether the greater use of home dialysis and kidney transplantation for Medicare beneficiaries with ESRD will reduce Medicare expenditures, while also preserving or enhancing the quality of care furnished to beneficiaries with ESRD ...

Waller | January 2013

A small nonprofit hospice in Idaho became the first healthcare provider to settle a potential violation of the HIPAA Security Rule affecting fewer than 500 individuals. On January 2, 2013, Hospice of North Idaho agreed to a settlement in the amount of $50,000 with the Department of Health and Human Services, Office of Civil Rights (OCR) following an investigation relating to a 2010 breach involving a stolen, unencrypted laptop containing patient information ...

Waller | June 2020

The US Department of Health and Human Services (HHS) has announced how dentists who bill Medicaid can now access a $15 billion Provider Relief Fund allocated by the CARES Act to cover COVID-related expenses and losses ...

Waller | January 2013

Omnibus HIPAA Rule, Including Significant Breach Notification Rule Changes, Released by HHS - The long-awaited final rule modifying the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules (the Rule) was released on January 17, 2013 by the Department of Health and Human Services (HHS) ...

Waller | April 2020

Every healthcare provider in the country is under significant operational and financial strain. Those on the front lines of emergency care are working frantically to either increase surge capacity or deal with the surge that has already come. Others are suffering financially from the stoppage of non-emergency procedures and patient visits. In the midst of this unprecedented public health crisis, there is a modicum of good news from a source that is not known for spreading joy ...

Waller | April 2021

In its discretionary funding request for fiscal year (FY) 2022, the Biden administration is seeking an additional $1.2 billion for the IRS – a 10.4% increase over FY 2021. $900 million of the increase will be earmarked for compliance. The additional funding in the White House proposal would enable the IRS to “increase oversight of high-income and corporate tax returns,” according to a statement issued by U.S. Treasury Secretary Janet Yellen ...

Waller | November 2020

The Department of Health and Human Services (HHS) further codified the shift to a value-based care model with the first major overhaul of both the Stark Law and Anti-Kickback Statute since they were first introduced three decades ago. Earlier this week, the White House completed the final review of the changes, and on Friday, Nov ...

Waller | February 2012

Healthcare providers and other HIPAA covered entities have until Wednesday, February 29, 2012 to submit notice of breaches of unsecured Protected Health Information which affected fewer than 500 individuals during 2011. Notice must be submitted electronically to the Secretary of Health & Human Services, and separate forms are required for each data breach occurring in the course of the calendar year ...

Waller | November 2019

On Sunday, September 8, 2019, the Cleveland Browns hosted the Tennessee Titans for the first game of their 2019 season. The game did not go well for the Browns that day. They lost badly to the Titans - 43 to 13. During the fourth quarter, Browns quarterback Baker Mayfield threw an interception that was run back for a “pick six” by Titans player Malcolm Butler. Butler jumped into the stands to celebrate, and Titans cornerback Logan Ryan joined him ...

Waller | July 2011

On July 5, 2011, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule in the Federal Register that would make a number of changes to the Medicare program’s home health prospective payment system for calendar year 2012.Most significantly, the proposed rule would reduce Medicare payments to home health agencies by 3.35% or approximately $640 million in 2012. The reduction reflects the combined effects of (i) a home health market basket update of 2 ...

Waller | January 2008

The Bush Administration and House leaders Democrat Nancy Pelosi and Republican John Boehner reached an agreement on January 24, 2008 regarding a stimulus package. This stimulus package includes tax relief targeted at both businesses and individuals. As discussed below, the Senate may well have additional individual and business provisions before legislation is passed ...

Waller | November 2020

As the end of 2020 mercifully approaches and the presidential election is now in the rearview mirror, Waller’s Financial Services Industry Team is looking forward to 2021 to bring you its insight into what the future may hold for participants in the financial services industry ...

Waller | December 2020

2020 was already expected to be a challenging year for the retail industry and the worldwide pandemic only intensified the underlying troubles. Heading into the year, one estimate projected that 12,000 major chain stores would close in 2020. Today, a number of high-profile brands are in bankruptcy and tenants and landlords alike are struggling to recover from COVID-19 related closures ...

Waller | March 2020

Commentators and lawyers continue to make blanket statements regarding lack of business interruption coverage for losses caused by the novel coronavirus (COVID-19). They contend that coronavirus-related losses cannot satisfy the “direct physical loss of or damage to [covered] property” language contained in many policies to trigger coverage in the first place ...

Waller | November 2021

The House narrowly passed the Build Back Better bill on Nov. 19 with a vote of 220 to 213, after an overnight delay. The $1.75 trillion social spending bill includes the ability for Medicare to negotiate drug prices, new hearing benefits for Medicare beneficiaries, and extended Affordable Care Act subsidies. The bill will still have to pass the Senate, and Senate Democrats are expected to make revisions ...

Waller | March 2020

Now that the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) has been signed into, law, small businesses may be wondering what they can do to get a Paycheck Protection Program (“PPP”) loan into their bank accounts as soon as possible so they can pay employees. In case you missed it, check out our bulletin here for a detailed description of the terms and conditions of and eligibility for these very favorable loans ...

Waller | April 2020

While the Families First Act creates paid leave obligations for smaller employers, companies are able to apply for relief through applicable tax credits. Here's how to do it: Employers eligible for tax credits for paid leave provided under the FFCRA can report their total qualified leave wages and the related credits for each quarter on their federal employment tax returns, usually Form 941: Employer’s Quarterly Federal Tax Return ...

Waller | March 2020

Zoom, the social platform which has become nearly ubiquitous in the past few weeks, has unintentionally introduced the world to a new term: “Zoom Bombing." Millions of people are struggling to maintain some semblance of normalcy as they continue to engage in personal and business interactions while simultaneously practicing social distancing during the COVID-19 pandemic ...

Waller | March 2020

Mayor Cooper‘s announcement that he was closing bars in Nashville as a result of the coronavirus epidemic quickly went viral among locals. We have been hearing the same question from tons of bar owners: What do we do? We recommend that you serve food and provide a safe environment for your customers. If you have a decent food menu and loyal customers, become a restaurant in this time of need ...

Waller | March 2020

Given the rash of moment-by-moment challenges presented by the COVID-19 pandemic, it is understandable that many companies have not been focused on what is likely coming when the crisis subsides: a flood of litigation related to the devastation left in the wake of the virus ...

dots