Health Law



Meet the Co-chairs - TAGLAW


Burkett, Teresa Meinders
Conner & Winters, LLP
tburkett@cwlaw.com


Health Law


 


Contact: Blane Markley; Spencer Fane Britt & Browne LLP (Missouri, USA)

To qualify for Critical Access Hospital status, CAHs must be at least 35 miles (or 15 miles in mountainous terrains or areas that only have rugged secondary roads) from another hospital or designated by their state as a "necessary provider", cannot have more than 25 acute-care beds, must offer 24-hour emergency services and cannot have an annual average length of stay greater than 96 hours. Since 1997, CAHs have been paid 101% of their allowable costs for outpatient, inpatient, lab and other services to ensure the CAH stays open for its community. By comparison, traditional hospitals paid through the Medicare inpatient and outpatient prospective payment systems typically cover about 93% of the costs of Medicare patients.

Read more: Top Threat to Rural Health Care


Contact: Mark Cole; Spencer Fane Britt & Browne LLP (Missouri, USA)

The Centers for Medicare and Medicaid Services (CMS) recently provided additional information regarding the newly-implemented two-midnight rule for inpatient admissions. In response to frequently asked questions, CMS stated that it will instruct Medicare Administrative Contractors (MACs) and Recovery Auditors not to review claims spanning more than two midnights after admission for compliance with the rule during the implementation period of October 1, 2013 through December 31, 2013. Additionally, MACs and Recovery Auditors will not review any claims related to Critical Access Hospitals during this period.

Read more: CMS Lessens the Threat of MAC/RAC Review of Inpatient Admissions Under the Two-Midnight Rule


Contact: Ken Mason; Spencer Fane Britt & Browne LLP (Missouri, USA)

Many employers are concerned that the “market reforms” included in the Affordable Care Act (“ACA”) will lead to an unacceptable increase in the cost of providing health coverage to their employees. In response, some employers have considered moving to an “account balance” approach.  They would simply deposit pre-tax dollars into an account (such as a health reimbursement arrangement, or “HRA”) that each employee could then use to purchase individual health insurance. However, in coordinated guidance issued on September 13, 2013, the three agencies charged with implementing the ACA have slammed the door on this approach.

 

Read more: Agencies Slam the Door on Pre-Tax Payments for Individual Health Insurance


Contact: Ken Mason; Spencer Fane Britt & Browne LLP (Missouri, USA)

As we approach the January 1, 2014, implementation date for the statewide health insurance Exchanges (or, as the government now calls them, “Marketplaces”), the three agencies charged with implementing the Affordable Care Act (“ACA”) have issued guidance on the ACA’s application to employee assistance programs (“EAPs”). This guidance appears in Q&A-9 of the virtually identical IRS Notice 2013-54 and DOL Technical Release 2013-03. (CMS has joined in this guidance via a one-page concurrence.)  

Read more: Employee Assistance Programs Under the Affordable Care Act