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CMS solicits comments on EMTALA transfers to hospitals with specialized capabilities
  • McGuireWoods LLP
  • USA
  • February 8 2012

In a notice published on Feb. 2, 2012, in the Federal Register, the Centers for Medicare & Medicaid Services (CMS) solicited public comment on the applicability of the Emergency Medical Treatment and Active Labor Act (EMTALA) to inpatients and hospitals with specialized capabilities


Detailed summary and FAQ - new proposed medical device excise tax regulation
  • McGuireWoods LLP
  • USA
  • February 8 2012

On Feb. 3, 2012, the Internal Revenue Service issued long-awaited proposed regulations that provide guidance on the excise tax imposed on the sale of medical devices under Internal Revenue Code Section 4191


IRS draft Schedule H for 2011 Form 990
  • McGuireWoods LLP
  • USA
  • December 23 2011

Tax-exempt hospitals will be required in 2011 to respond to questions on financial assistance policies, billing and collection practices, emergency medical care and individuals eligible for financial assistance


ACO final rule: more flexibility for structure and governance
  • McGuireWoods LLP
  • USA
  • December 13 2011

In the final Shared Savings Program regulations released by Centers for Medicare and Medicaid Services (CMS) on Oct. 20, 2011, (the “Final Rule”), CMS reconsidered many of its core positions set forth in the proposed regulations issued March 2011, with the goal of reducing burdens and costs for participating in the Medicare Shared Savings Program (MSSP


When ERISA may not apply: three key points from a hospital's contract suit against an insurance company
  • McGuireWoods LLP
  • USA
  • October 8 2012

In a recent decision, a federal district court in California remanded a case back to state court after finding that a hospital's state law claims against an insurance company were not controlled by the federal Employee Retirement Income Security Act (ERISA) or otherwise by federal Medicare law


Private equity investing in ambulatory surgery centers: part I
  • McGuireWoods LLP
  • USA
  • October 15 2012

First Surgical Partners, Inc. , a company with two ambulatory surgery centers (ASCs) and a general acute care hospital in the Houston-area, has just announced that it is considering a going-private transaction where the company would no longer be a public reporting company and that its shares would no longer be traded on any exchange andor quotation system


Supreme Court declines review of Medicare secondary payer decision: three key takeaways
  • McGuireWoods LLP
  • USA
  • October 8 2012

On Oct. 1, 2012, the Supreme Court of the United States declined review of a 6th Circuit decision that upheld the government's authority under Medicare Secondary Payer law to recover all expenses paid on behalf of a Medicare beneficiary when that beneficiary, in turn, recovers from a third party


Feds charge 91 medical professionals with $430m in Medicare fraud
  • McGuireWoods LLP
  • USA
  • October 10 2012

The joint Department of Justice and Health and Human Services (HHS) Medicare Fraud Strike Force has charged 91 medical professionals in seven cities for allegedly participating in Medicare fraud schemes involving approximately $429.2 million in false billing


GAO report: hospitals and medical facilities most frequent subjects of criminal and civil healthcare fraud cases
  • McGuireWoods LLP
  • USA
  • October 11 2012

A new Government Accountability Office report analyzing 2010 data shows hospitals and medical facilities (e.g., medical centers, clinics and medical practices) were the most frequent subjects of civil healthcare fraud cases, while medical facilities and durable medical equipment suppliers were the most frequent subjects of criminal fraud cases in 2010


Five key points regarding the assignment of receivables in healthcare transactions
  • McGuireWoods LLP
  • USA
  • October 12 2012

In the healthcare investment arena, the securing of credit facilities is complicated by the so-called 'anti-assignment' provisions of the Social Security Act and its implementing regulations