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Articles by Mimi H. Brouillette
CMS proposes new disclosure requirements for Medicare SNFs and Medicaid nursing facilities targeting PE and REIT ownership
CMS recently proposed a rule requiring the disclosure of private equity (PE) or real estate investment trusts (REITs) ownership, managerial, and other disclosable information for Medicare skilled nursing facilities (SNFs), as well as recommending comparable requirements for Medicaid nursing facilities (NFs).
Hospital Court Victories Cause CMS to Walk-Back Rule Lowering Caps on Medicaid DSH Payments
Tuesday, January 15, 2019 The Centers for Medicare and Medicaid Services (CMS) has withdrawn a controversial policy, first introduced in 2010, which changes how much a Medicaid disproportionate share hospital (DSH) may receive annually in supplemental DSH payments. CMS took this action in response to several court rulings invalidating the agency’s policy.
Federal Court Held HHS Lacks the Authority to Impose Dramatic 340B Reimbursement Rate Reduction
January 03, 2019 Adequacy of Explanation Remains Key Area of PTAB Reversal by: Jafon Fearson and James Naughton Delaware State Court Holds That Medical Marijuana User May Proceed... by: Kathryn J. Russo Two More Cyber Attacks Reported – Ransomware Suspected at Several... by: Deborah A. George CDPR Issues Notice 2018-26 for Changes to Notice of Decision and... by: Lisa M. Campbell and Lisa R. Burchi Appellate Courts Agree: Regular, Reliable Attendance Is Essential... by: Jonathan A.
DC Circuit Rejects HHS Rule Barring Hospital Medicare Appeals Challenging Longstanding Erroneous “Predicate Facts”
On June 29, 2018, the DC Circuit ruled that HHS could not apply in PRRB appeals a 2013 “reopening” regulation, which purports to bar the adjudication of “predicate facts” beyond 3 years after the facts had been determined. St. Francis Medical Center v. Azar (D.C. Cir. June 29, 2018).
NLRB Ruling: Temps Can be Part of Bargaining Units
In a move foreshadowed on this blog for some time (see posts from here and here), the National Labor Relations Board (NLRB) released a decision today that will make it much easier for temporary employees to be included in bargaining units. This issue has ping-ponged back and forth over the years.
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