The Fifth Circuit recently affirmed a lower court’s decision to vacate key portions of regulations under the No Surprises Act (NSA). The ruling is a win for healthcare providers, as the vacated regulations had unfairly prioritized insurer interests in the arbitration process to determine out-of-network payment rates. The court held that these regulations exceeded the Departments’ authority and tilted the scales in favor of insurers by prioritizing the Qualifying Payment Amount (QPA) over other factors mandated by the NSA. This decision underscores the importance of a balanced and equitable approach to resolving payment disputes under the NSA. Read The National Law Review for the full analysis.
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"NY Public Health Law (PHL) § 18-c provides (1) that a patient’s consent to pay for healthcare services must be obtained separately from the informed consent for such healthcare services, and (2) that consent to payment may only be obtained after the patient has received the applicable services and discussed treatment costs." "NY General Business Law (GBL) § 519-a prohibits hospitals and healthcare providers from (1) requiring credit card pre-authorization and (2) requiring that a credit card be kept on file prior to “providing emergency or medically necessary medical services” to the patient." https://lnkd.in/eBsyvNbz
NY Providers Take Note: New Consent to Payment Laws Effective October 20
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Upcoming Webinar Alert: Developments in Fair Market Value and Stark Law/Anti-Kickback Statute Enforcement Join us for an informative webinar hosted by the Practising Law Institute (PLI), focusing on key updates in Fair Market Value and enforcement of the Stark Law and Anti-Kickback Statute. This session is ideal for legal professionals, healthcare administrators, and compliance officers. 📅 Date: May 14, 2024 🕒 Time: 1PM EST 🌍 Location: Online – accessible from your location. Featured Speakers: Sean McKenna: Sean has over 25 years of experience in healthcare and white-collar legal practice, including extensive work with CMS, OIG, and DOJ. He is a noted speaker and recognized for his deep knowledge of healthcare law. Adam Klein: With over 20 years in the healthcare industry, Adam specializes in mergers, acquisitions, and regulatory compliance. He has a broad background in guiding healthcare transactions and strategic transformations. Webinar Highlights: Gain insights from experienced professionals Sean McKenna and Adam Klein. Participate in an interactive Q&A session. Take away practical strategies applicable to your practice. This webinar will provide you with the latest updates and strategies for navigating healthcare regulations effectively. For more details and to register, click here: https://lnkd.in/egGjpwgb #HealthcareCompliance #StarkLaw #AntiKickback #LegalEducation #PLI
Developments in Fair Market Value and Stark Law/Anti-Kickback Statute Enforcement
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Need some CLE? Jump on this webinar about Stark and Anti-Kickback enforcement.
Upcoming Webinar Alert: Developments in Fair Market Value and Stark Law/Anti-Kickback Statute Enforcement Join us for an informative webinar hosted by the Practising Law Institute (PLI), focusing on key updates in Fair Market Value and enforcement of the Stark Law and Anti-Kickback Statute. This session is ideal for legal professionals, healthcare administrators, and compliance officers. 📅 Date: May 14, 2024 🕒 Time: 1PM EST 🌍 Location: Online – accessible from your location. Featured Speakers: Sean McKenna: Sean has over 25 years of experience in healthcare and white-collar legal practice, including extensive work with CMS, OIG, and DOJ. He is a noted speaker and recognized for his deep knowledge of healthcare law. Adam Klein: With over 20 years in the healthcare industry, Adam specializes in mergers, acquisitions, and regulatory compliance. He has a broad background in guiding healthcare transactions and strategic transformations. Webinar Highlights: Gain insights from experienced professionals Sean McKenna and Adam Klein. Participate in an interactive Q&A session. Take away practical strategies applicable to your practice. This webinar will provide you with the latest updates and strategies for navigating healthcare regulations effectively. For more details and to register, click here: https://lnkd.in/egGjpwgb #HealthcareCompliance #StarkLaw #AntiKickback #LegalEducation #PLI
Developments in Fair Market Value and Stark Law/Anti-Kickback Statute Enforcement
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The rise of Stark Law violations in the healthcare industry is a significant concern for providers. The intricate provisions of the law, combined with heightened government scrutiny and financial pressures, contribute to the challenge of compliance. Factors such as the growth of healthcare organizations and aggressive enforcement tactics further worsen the situation. Stark Law violations involve various arrangements, from compensation structures to equipment rentals, with severe consequences like civil penalties and exclusion from federal programs. To manage risks, organizations must focus on robust compliance programs, regular risk assessments, thorough training, meticulous documentation, and legal guidance. Are you interested in exploring specific aspects of Stark Law further, such as enforcement trends or its impact on healthcare business models? 👇✍️ #StarkLaw #FWA #theDNAofHealthcareOptimization
10 things to know about rise of Stark law violations
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Join us for the next webinar in our series on federal litigation that will inform healthcare policy. Our attorneys will explore the most pressing issues in these cases, potential impacts on your business, and legal questions the Courts may tackle.
Healthcare Policy in the Courts: Winter 2024 Update | Foley Hoag Webinar
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Join us for the next webinar in our series on federal litigation that will inform healthcare policy. Our attorneys will explore the most pressing issues in these cases, potential impacts on your business, and legal questions the Courts may tackle.
Healthcare Policy in the Courts: Winter 2024 Update | Foley Hoag Webinar
foleyhoag.com
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Join us for the next webinar in our series on federal litigation that will inform healthcare policy. Our attorneys will explore the most pressing issues in these cases, potential impacts on your business, and legal questions the Courts may tackle.
Healthcare Policy in the Courts: Winter 2024 Update | Foley Hoag Webinar
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Victory for Providers: Court Ruling Forces Revisions to No Surprises Act Implementation In a significant legal win for healthcare providers, the U.S. Court of Appeals for the 5th Circuit upheld a lower court's decision, invalidating parts of the No Surprises Act that favored insurers in out-of-network reimbursement disputes. This landmark ruling compels regulators to revisit and revise the implementation process of the law. Key Takeaways from the 5th Circuit Decision: The court's ruling highlights the need for a fair and balanced arbitration process. Providers have long contended that the current system disproportionately benefits insurers by heavily relying on the qualifying payment amount (QPA), which insurers determine. The court agreed, affirming that federal regulations had overstepped their authority by unduly influencing arbitration outcomes in favor of health plans. Understanding the No Surprises Act: Implemented in 2022, the No Surprises Act aims to protect patients from unexpected medical bills by ensuring they pay no more than in-network rates for most emergency services and certain non-emergency services. When providers and insurers disagree on payment amounts, the Independent Dispute Resolution (IDR) process is used, with an arbitrator choosing between offers from both sides. The controversy arises from the law's directive for arbitrators to consider the QPA, leading to disputes over its fairness. What's Next? Following the court's decision, federal agencies might pause the dispute resolution process once again to amend regulations. The Texas Medical Association, a key player in the lawsuit, expressed satisfaction with the ruling, emphasizing the need for a fair arbitration process. Stay informed and engaged! Follow HaloMD for updates on the No Surprises Act and its implications for healthcare providers. If you're navigating out-of-network reimbursement challenges, HaloMD is here to help. Connect with us to learn how we can support your revenue recovery efforts. #NoSurprisesAct #HealthcareProviders #LegalVictory #HaloMD #IDR #IndependentDisputeResolution Ready to tackle your IDR challenges? Contact HaloMD today to optimize your revenue recovery through expert guidance and support.
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Private equity firms as qualifying entities. Broad scope of transactions included. Reporting requirements begin at the $10M threshold. Learn more about Indiana's healthcare transactions notice law going into effect July 1, 2024, which is more expansive that many of its peer laws effective at this time. Authors: Callee Donovan | Sarah Kitchell Dig deeper into the state health transaction notification law landscape on our Resource Center: https://lnkd.in/eMGAs59F
Indiana Enacts New Law Requiring Notice of Healthcare Transactions
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Join us for the next webinar in our series on federal litigation that will inform healthcare policy. Our attorneys will explore the most pressing issues in these cases, potential impacts on your business, and legal questions the Courts may tackle.
Healthcare Policy in the Courts: Winter 2024 Update | Foley Hoag Webinar
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