What’s New this Week in Health Law

LATEST CASES

FALSE CLAIMS ACT
U.S. v. Universal Health Servs. Inc.

No. 14-1423 (1st Cir. Mar. 17, 2015)

FRAUD AND ABUSE
Cooper v. Pottstown Hosp. Co.

Civil Action No. 13-01137 (E.D. Pa. Mar. 13, 2015)

MISREPRESENTATIONS
Chaganti v. Mo. Bd. of Registration for the Healing Arts
WD 77746 (Mo. Ct. App. Mar. 10, 2015)
In re Karakashian
Docket No. BDS 8660-07 (N.J. Super. Ct. App. Div. Mar. 16, 2015)

TERMINATION OF TEMPORARY PRIVILEGES
Winger v. Meade Dist. Hosp.

Case No. 13-1428-JTM (D. Kan. Mar. 9, 2015)

THIRD PARTY REIMBURSEMENT DISPUTES
Cypress Med. Ctr. Operating Co. v. Cigna Healthcare

No. 12-20695 (5th Cir. Mar. 10, 2015)

YOUR GOVERNMENT AT WORK

CMS and ONC Announce Proposed Rules for EHR
The Centers for Medicare & Medicaid Services (“CMS”) and the Office of the National Coordinator for Health Information Technology (“ONC”) announced, respectively, proposed rules for Stage 3 Meaningful Use for the Medicare and Medicaid Electronic Health Record (“EHR”) Incentive Programs and the 2015 Edition Health Information Technology Certification Criteria. CMS and ONC are accepting comments on these proposed rules through May 29, 2015.

HHS and DOJ Announce Recovery of Billions in Fraudulent Health Care Payments
The U.S. Department of Health & Human Services (“HHS”) and the U.S. Department of Justice (“DOJ”) announced the recovery of $3.3 billion in fraudulent federal health care payments for fiscal year 2014.

FTC Revises its Rules of Practice
The Federal Trade Commission (“FTC”) announced revisions to its Rules of Practice, which will, among other things, reflect the “approach of an earlier rule that automatically suspends administrative litigation, upon respondents’ request, after the FTC’s request for a preliminary injunction in the matter has been denied.”

OIG 2015 Compendium Reveals the Money that Might Have Been Saved
The HHS Office of Inspector General (“OIG”) has published its 2015 edition of the Compendium of Unimplemented Recommendations, which details the billions of dollars that HHS could have saved had it implemented the OIG’s recommendations.

MedPAC Issues Medicare Payment Policy Report
The Medicare Payment Advisory Commission (“MedPAC”) issued its annual Medicare Payment Policy report to Congress, which outlines recommendations for payment systems in areas such as hospital inpatient and outpatient services, ambulatory surgical center services, outpatient dialysis services, home health care services, inpatient rehabilitation facility services, and long-term care hospital services.

CMS Issues a Rule Correcting Technical Errors
On November 13, 2014, CMS had issued a final rule regarding, among other things, changes to payment policies under the Physician Fee Schedule and the Clinical Laboratory Fee Schedule. This November 2014 rule contained technical errors and, thus, CMS has now issued a final rule/correcting amendment to correct those errors. This new correcting document is effective March 19, 2015.