New Developments in Medicare Enforcement Actions: Impact of Allina

By Adrienne Dresevic, Esq. and Jessica L. Gustafson, Esq. of The Health Law Partners, P.C.
Medicare enforcement includes multiple actions, which may range from overpayment demands to enforcement of False Claims Act violations. Such actions oftentimes are predicated not only on a health care provider’s compliance with laws and regulations, but also on its compliance with sub-regulatory guidance.

Court Deference to Agency Interpretations of Ambiguous Regulations: How Much is Too Much?

By Jessica L. Gustafson, Esq. and Adrienne Dresevic, Esq. of The Health Law Partners, P.C.
The healthcare industry is replete with sub-regulatory guidance that serves to interpret an agency’s’ regulations. Such guidance documents include, but are not limited to: OIG Fraud alerts, Advisory Opinions and Special Bulletins; CMS Manuals and coverage articles; and Local Coverage Determinations.

Relief for Radiology Providers with Pending Medicare Appeals

By Jessica L. Gustafson, Esq. and Adrienne Dresevic, Esq. of The Health Law Partners, P.C.
On November 3, 2017, CMS and OMHA announced two new initiatives, which are available all Medicare providers and suppliers with pending Medicare appeals (including radiology providers) and which are intended to reduce the backlog of appeals pending before OMHA (ie, at the ALJ stage of appeal).