Health Law Matters

West Virginia Adopts New Rules to Combat the Opioid Epidemic

Prescription pills

During 2018, the West Virginia Legislature took several important steps to supplement and strengthen the State’s response to the opioid epidemic. [1] Read More ›

New Requirements to Report to the National Practitioner Data Bank

Requirements to Report

In October of 2018, the National Practitioner Data Bank (NPDB) published an updated NPDB Guidebook that revises the requirements for reporting changes in a practitioner’s clinical privileges, licensure, and malpractice.  Read More ›

CMS Backs Off (a little!) in Finalizing the 2019 OPPS Rule

Health care charts

The long-awaited 2019 Hospital Outpatient Prospective Payment System (OPPS) final rule has arrived – and it came with at least one surprise. The Centers for Medicare and Medicaid Services (CMS) elected NOT to finalize the rule pertaining to the “clinical family of services” at Provider Based Departments (PBD). Read More ›

Trending in Health Care: The Rise of Clinically Integrated Fee-for-Value Programs

doctors and nurses high fiving

Frost Brown Todd attorney Tom Anthony is featured as a guest commentator on episode 20 of the Coker Group’s podcast. Read More ›

Congress Seeks to Strengthen Response to the Opioid Crisis Through the Support for Patients and Communities Act

Blue pills

On October 3, 2018, Congress approved the SUPPORT for Patients and Communities Act (H.R. 6). This bipartisan legislation is now headed to President Trump’s desk, to be signed into law. H.R. 6 aims to accomplish two main objectives: stopping the sale and use of opioids and expanding treatment options for those who are suffering from opioid addiction. Read More ›

$1 Billion Telemedicine Fraud Scheme in Tennessee

Telehealth lawsuit

In October, the Department of Justice (DOJ) announced that several individuals and companies were indicted in Tennessee for a $1 billion telemedicine fraud scheme. Read More ›

Telehealth Highlights in CMS' Proposed Physician Fee Schedule

stethoscope and money

While the Department of Health and Human Services’ Office of Inspector General is looking backwards in auditing telehealth claims, the Centers for Medicare and Medicaid Services (CMS) is peering forward by allowing reimbursement for new telehealth-based services. Read More ›

Telehealth Reimbursement Guide After the Latest OIG Audit

Co-Author: Joseph Brammer

Telehealth Reimbursement after the latest OIG Audit

The Office of the Inspector General's (OIG) audit dissected telehealth reimbursement under Medicare, finding multiple complications. Medicaid reimbursement is next up. Read More ›

Ohio Physician's Guide to Cannabis Compliance 2.0: Budding Issues for Ohio’s Medical Marijuana Physicians

Co-Author: Maxwell Williams

Ohio Physician's Guesde to Cannabis Compliance Part 2

Cash only? Informed consent forms? Waivers of liability? The original Ohio Physician’s Guide to Cannabis Compliance (Part 1) was created to give Ohio M.D.s and D.O.s a starter pack for understanding Ohio’s Medical Marijuana Law, including the distinction between a prescription and a recommendation, and the all-important Rohrabacher Amendment, which requires strict compliance with state law to attempt to avoid prosecution under federal law. However, as more physicians obtain an Ohio Certificate to Recommend medical marijuana, deeper issues must be understood to limit liability associated with Ohio’s medical marijuana law and ensure legal compliance before designing a medical marijuana practice. Read More ›

CMS Removes Gag From Mouths of Pharmacists, as Ohio and Other States Follow Suit.

Co-author: Ashley Ramm

Scale of health care costs caused by gag clauses

In response to President Trump’s American Patients First Blueprint, the Centers for Medicare & Medicaid Services (CMS) sent a firm reminder to Medicare Prescription Drug Plan (Part D) sponsors that “gag clauses” are unacceptable and including such a clause would subject providers to CMS compliance actions. Read More ›

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Attorney Spotlight

Thomas D. Anthony is Chair of FBT's Health Care Industry Practice. He focuses on counseling health care entities on corporate transactions, regulatory compliance and joint ventures.

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