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Impact of Proposed CMS Changes to Telemedicine Reimbursement

Published: 07/25/2018 | Authors: Luis Argueso and Kevin Cassell 

The primary barrier to adoption of telemedicine as a universal tool for providing medicine has been the lack of reimbursement for telemedicine services.[1]  On July 21, 2018, the Centers for Medicare & Medicaid Services (CMS) took a major step towards facilitating reimbursement [...]

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The “Regulatory Sprint to Coordinated Care”: It’s Big and It’s Fast, and It May Literally Redefine What Is Fair Market Value and Commercially Reasonable for Stark Law Purposes

July 13, 2018 Andrea Ferrari, JD, MPH

Published: 07/13/2018 | Author: Andrea M. Ferrari, JD, MPH

On June 20, 2018, Department of Health and Human Services (HHS) Deputy Secretary Eric Hargan and his colleague, Kelly Cleary, from the HHS Office of General Counsel conducted a webinar for members of the American Health Lawyers Association. In that webinar, they announced details of [...]

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Dangerous Waters: When Median Benchmarks are Not a Safe Harbor - Part Two

June 19, 2018 Stephanie Tafoya

Author: Stephanie Tafoya

As discussed in a prior article, HAI examined the pitfalls of blindly relying on median benchmarks from compensation surveys.  It is worth reiterating that numerous whistleblower complaints resulting in newsworthy settlements[1] illustrate that median benchmarks are not an automatic safe harbor for compensation that is [...]

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Dangerous Waters: When Median Benchmarks are Not a Safe Harbor - Part One

June 12, 2018 Stephanie Tafoya

Author: Stephanie Tafoya

Some market participants think that selecting an appropriate compensation value that is consistent with fair market value (“FMV”) is as simple as selecting a median benchmark reported by a compensation survey.  Unfortunately, as proven through numerous whistleblower complaints resulting in newsworthy settlements,[1] [...]

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You've Got Patients! A Case Study in Fair Market Value and Commercial Reasonableness: Considerations for Attorneys Evaluating Telemedicine

May 23, 2018 Luis Argueso

Originally published in May 2018 ABA Health eSource web edition | Author: Luis Argueso

On February 9, 2018, President Trump signed into law the Bipartisan Budget Act of 2018passed by Congress.  It incorporated the text of the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act.2 The CHRONIC Care Act [...]

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FMVantage Point™: Telemedicine Industry Trends: Compensation Structure

May 14, 2018 Luis Argueso

Author: Luis A. Argueso

Telemedicine as a modality of medical care continues to expand and gain traction in the United States.  On February 9, 2018, President Trump signed into law the Bipartisan Budget Act of 2018 passed by Congress.  This budget incorporated the text of the Creating High-Quality Results and Outcomes Necessary to Improve [...]

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