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Home Health Agency 2011 rate update implements key health reform provisions for home and hospice care
  • McDermott Will & Emery
  • USA
  • December 15 2010

The Centers for Medicare and Medicaid Services' Final 2011 Home Health Agency Prospective Payment System update significantly clarifies the application of the 36-month change of ownership rule for home health agencies and exceptions to that rule


CMS and OIG propose waivers of fraud and abuse laws for ACOs
  • McDermott Will & Emery
  • USA
  • April 12 2011

On April 7, 2011, the Centers for Medicare & Medicaid Services and the Office of Inspector General published proposed waivers of federal fraud and abuse lawsspecifically the Stark law, the federal anti-kickback statute and the CMP lawas they apply to certain financial arrangements between and among ACOs and their constituent providers and suppliers


Florida federal court finds Affordable Care Act unconstitutional
  • McDermott Will & Emery
  • USA
  • February 4 2011

A judge in Florida recently determined that health care reform legislation passed in 2010 is unconstitutional due to its individual insurance mandate


MedPAC makes recommendations to CMS on ACOs
  • McDermott Will & Emery
  • USA
  • December 7 2010

In a letter to the Centers for Medicare & Medicaid Services regarding accountable care organizations (ACOs), the Medicare Payment Advisory Commission supported a two-sided financial risk model to give more ACOs more incentive to control spending


CMS expects to issue ACO rules by mid-January 2011
  • McDermott Will & Emery
  • USA
  • December 6 2010

Centers for Medicare & Medicaid Services officials announced they expect to issue proposed regulations for accountable care organizations (ACO) by mid-January 2011, and also revealed Medicare beneficiaries will be informed when they are assigned to an ACO


Letter from twenty-one GOP governors emphasizes uncertainty of ACA's future while also seeking targeted modifications that would improve ACA
  • McDermott Will & Emery
  • USA
  • February 8 2011

On February 7, 2011, Republican Governors sent a letter to Secretary of Health and Human Services (HHS), Kathleen Sebelius, emphasizing that the future of the Affordable Care Act (ACA) is uncertain and suggesting a short of list of "improvements" to ACA


Florida federal court rules health reform law unconstitutional; implementation continues; challenges inevitably headed for Supreme Court resolution
  • McDermott Will & Emery
  • USA
  • February 3 2011

On Monday, January 17, 2011, a U.S. District Court in Florida found the Patient Protection and Affordable Care Act (PPACA) to be unconstitutional, virtually assuring that the Supreme Court will resolve the question of PPACA’s constitutionality


CMS proposed rule adds new QIO notice requirement
  • McDermott Will & Emery
  • USA
  • February 8 2011

Under a proposed rule published by the Centers for Medicare & Medicaid Services (CMS), thousands of Medicare providers and suppliers would have an obligation to provide Medicare beneficiaries with written notice about the right to contact a Quality Improvement Organization to report concerns over quality


Significant health reform ideas: Fiscal Commission Report may impact health policy
  • McDermott Will & Emery
  • USA
  • December 8 2010

The President's Fiscal Commission Report contains significant recommendations for health care policy that could yet influence policymakers


Pennsylvania federal judge finds the individual mandate unconstitutional and strikes down closely related provisions
  • McDermott Will & Emery
  • USA
  • September 14 2011

On September 13, 2011, a federal district court judge in Pennsylvania ruled that the individual mandate under the Affordable Care Act (ACA) is unconstitutional and that certain provisions closely linked to the individual mandate must also be struck down