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).