CMS released on October 30th the final Medicare Physician Fee Schedule for 2016, which contains several payment changes related to physicians services, and a large section finalizing several changes and clarifications to the Stark Law. It will be in the November 16th Federal Register.
Written by: Clay J. Countryman
The HHS’ Office of Inspector General released a report this past Monday indicating that a number of states providing services to Medicaid beneficiaries enrolled in managed care are not complying with the mandatory quarterly reporting requirements. In response to this study, the OIG recommended that the Center for Medicare and Medicaid Services use its authority to begin withholding federal funds from non-compliant states citing that the data is crucial to Medicaid oversight and the prevention of fraud and abuse. Although states struggle with capturing the level of quality data needed to complete the reporting requirements, CMS continues to make enforcement a priority. In response to the report, CMS indicated that it has already issued a notice of proposed rulemaking that would allow for the withholding of federal funds. For those states who lack the ability to capture the data whether through lack of technological infrastructure or other reasons, this latest policy does not bode well. For more information, go to: http://www.modernhealthcare.com/article/20150706/NEWS/150709966/not-all-states-reporting-required-medicaid-data-oig-says.
Written by: Traci S. Thompson
In a letter from the Centers for Medicare & Medicaid Services (“CMS”) Medicare Parts C and D Oversight and Enforcement Group issued on April 2, 2015, CMS imposed a civil money penalty of $1,000,000 on health insurer, Aetna, Inc. The $1,000,000 fine was based on Aetna’s “failure to disseminate clear and accurate information regarding the number, mix, and distribution (addresses) of network pharmacies from which enrollees may obtain covered Part D drugs,” which CMS found violated obligations imposed by 42 C.F.R. § 423.128(a)(2) and 42 C.F.R. § 423.509(a)(2). Continue reading
For the first time since its enactment as part of the Affordable Care Act (ACA) in 2010, a federal court in a whistleblower action will consider a provision requiring providers to return overpayments within sixty days of when they are “identified.” The upcoming decision by the United States District Court for the Southern District of New York in U.S. ex rel. Kane v. HealthFirst Inc. et al will likely be just the first of many decisions on the subject. Providers and government regulators are poised for what could prove a lengthy dispute at both the trial and appellate levels around the ACA’s 60 day rule and its interplay with overpayments in the False Claims Act (FCA) context. Continue reading
On December 3, 2014, the Centers for Medicare & Medicaid Services (CMS) released a Final Rule that provides CMS discretion to deny or revoke Medicare enrollment based on certain circumstances. The changes in the Final Rule allow CMS to: Continue reading
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