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Wachler & Associates Health Law Blog

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The OIG Releases an Advisory Opinion Regarding the Anti-Kickback Statute

The Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) published an advisory opinion regarding the Anti-Kickback Statute.  The OIG concluded that the Anti-Kickback Statute would not be implicated where a charitable donation is made in the name of a healthcare provider, so long as…

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District Court Ruling – Medicare Contractors Can Reopen Claims Regardless of “Good Cause”

On July 28 the U.S. District Court of the Southern District of California granted the Department of Health and Human Services’ (HHS) motion for summary judgment in the case, Palomar Medical Center v. Sebelius.  The case, filed on May 26, 2010, challenged a magistrate judge’s recommendation that HHS is correct…

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HHS Announces Grants to Help States Implement Health Insurance Exchanges

The Department of Health and Human Services (HHS) announced on July 29 that it will make available $51 million in grants to help states initiate health insurance exchanges, mandated by the Patient Protection and Affordable Care Act.  Grants of up to $1 million will be made available to each state. …

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Michigan Group’s Effort to Push Back Healthcare Reform Falls Short

The Detroit Free Press reported that an effort to give Michiganians a constitutional right to opt-out of participation in the Federal healthcare program failed to obtain enough signatures to place the proposal on the November ballot. The group, Michigan Citizens for Healthcare Freedom, estimated that it turned in between 145,000-170,000…

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The Department of Health and Human Services Opens Notice and Comment Period for New HIPAA Privacy Rule

The Department of Health and Human Services (HHS) hosted a press conference today to announce changes to the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Privacy, Security and Enforcement Rules. The rule proposed by HHS will be in a notice and comment period for the next two months,…

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Michigan’s Medicaid Funding at Risk

Last week, Michigan’s Governor Jennifer Granholm announced that Michigan could have a $560 million budget gap if Congress does not provide the funding promised in last year’s stimulus package. The Detroit News reported that Governor Granholm was concerned that without the mandated Medicaid funding programs and services would have to…

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The OIG’s Report on Inpatient Rehabilitation Facility Claims Could Lead to RAC Reviews

The Office of Inspector General of the U.S. Department of Health and Human Services (OIG) released a report of its review of inpatient rehabilitation facilities’ transmission of patient assessment instruments for 2006 and 2007. Inpatient rehabilitation facilities (IRFs) are required to submit patient assessment instruments for each stay to the…

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