Lawsuits Challenging CMS Vaccine Mandate
Lawsuits have been filed by a number of states in federal courts in Missouri, Louisiana and Texas seeking to enjoin the November 5, 2021 CMS rule requiring participating Medicare providers to ensure that their staff are vaccinated. 

CMS Issues Revised Hospital “Shared Space” Guidance
CMS issued final guidance for the evaluation of compliance with Medicare Conditions of Participation (“CoPs”) related to shared space and services for hospitals co-located with other hospitals or health care entities.

OIG Releases Two Advisory Opinions
The Department of Health and Human Services Office of Inspector General (“OIG”) released two Advisory Opinions:

Advisory Opinion No. 21-15 blessed a proposal by a pain management practice to retain net profits from anesthesia services performed by its employed CRNA.

Advisory Opinion No. 21-16 okayed a drug manufacturer’s plan to provide free trial units of its antipsychotic medication to certain hospitals for inpatient use.

OIG Updates its Health Care Fraud Self-Disclosure Protocol
The OIG has updated its Health Care Fraud Self-Disclosure Protocol (“SDP”).  Among other things, these revisions include an increase in the minimum amounts required to settle under the SDP; clarifications regarding what damages must be included in a disclosure; the way in which disclosures must be submitted; and technical changes to statistics, terminology, and background facts.  More information can be found here.

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