Health Care Counsel

Arent Fox's health care law blog offers news, analysis, and insights for the health care industry.

Health Care Counsel

Home Health Care

The Arent Fox Health Care practice group is a leading legal services provider to Home Health Agencies throughout the United States. We advise them on regulatory matters, fraud and abuse issues (e.g., anti-kickback statute, Stark Law, False Claims Act, exclusions), audits, investigations, surveys, reimbursement, contracts, compliance programs, training, corporate structuring, transactions, administrative appeals, state and Federal litigation, government relations, HIPAA and HITECH, and managed care relationships. We represent Home Health Agencies on licensure, certification, coverage and billing issues; conduct internal investigations; defend against Federal and state investigations and audits, involving the Department of Justice, state Departments of Health, the Office of the Inspector General, state Offices of Medicaid Inspector Generals, Medicaid Fraud Control Units, Zone Program Integrity Contractors, Medicaid Integrity Contractors, Recovery Audit Contractors; respond to survey and certification or accreditation deficiencies; and act as general counsel, including labor and employment matters. We conduct compliance audits, and implement compliance programs and training.

Arent Fox also assists Hospitals, Health Care Systems, and free-standing Home Health Agencies in establishing appropriate corporate ownership structures and relationships that maximize new service capabilities and revenue potential. These projects include personal care companies, home infusion partnerships, private duty nursing companies, and management companies. In the area of professional services agreements, management agreements, and joint ventures, Arent Fox has assisted numerous HHAs in constructing or analyzing relationships to minimize the legal risks of failure to comply with state and Federal anti-kickback statutes and Stark laws prohibiting certain physician referrals.


What You Need to Know: New CALOSHA Workplace Violence Rules for Health Care Facilities

Please join us for a free webinar (noon-1:00 pm PT/3:00-4:00 pm ET) designed to help health care facilities prepare for the new CALOSHA regulation that addresses the threat of workplace violence.


Top Health Care Advisor Rachel Hold-Weiss Returns to Arent Fox

Arent Fox LLP is pleased to announce the return of health care regulatory attorney Rachel Hold-Weiss as a partner in the firm’s New York office. Ms. Hold-Weiss is re-joining Arent Fox after serving as the Associate General Counsel and Corporate Compliance Officer for the Personal-Touch Home Care companies.


The Broadening Definition of Elder Abuse

* The following article was originally published by California Healthcare News. To read it on the California Healthcare News website, click here


The Move to Value-Based Payment Continues: CMS Announces Initiative to Transform Primary Care Delivery and Payment

On April 11, 2016, the Centers for Medicare and Medicaid Services (CMS) announced its Comprehensive Primary Care Plus (CPC+) initiative. Part of CMS’ attempt to shift Medicare from its traditional fee-for-service model to a value-based care model, CPC+ is CMS’ largest attempt so far to transform the way primary care is provided and reimbursed.


No Fooling: April 1 Compliance Deadline for CA Discrimination and Retaliation Policies

California healthcare companies should take note of the upcoming deadline for compliance with the California Fair Employment and Housing Council’s amendments to the Fair Employment and Housing Act Regulations.  Arent Fox partner Jennifer Terry and associate Daisy Sanchez analyze these new requirements, below.


CMS Announces Stepped-Up Provider and Supplier Enrollment Screening

The Centers for Medicare and Medicaid Services (CMS) intends to strengthen provider and supplier enrollment screening – meaning, scrutinize providers and suppliers more closely during enrollment – according to a February 22, 2016 post on its blog, The CMS Blog. 


Administrative Law Judge Upholds Imposition of Civil Penalties on Health Care Provider for HIPAA Violations

In a recent decision, a US Department of Health and Human Services (HHS) Administrative Law Judge (ALJ) agreed with the HHS Office of Civil Rights (OCR) that Lincare, Inc. d/b/a United Medical had violated HIPAA. The ALJ also sustained OCR’s imposition of a civil money penalty (CMP) of $239,800 on Lincare.


CMS’s Long-Awaited Final 60-Day Repayment Rule Provides Guidance and Eases Some Requirements for Health Care Providers and Suppliers

On Friday, February 12, 2016, the Centers for Medicare and Medicaid Services (CMS) released the long-awaited Final Rule and regulations,[1] providing much needed guidance to providers and suppliers on how to meet the Affordable Care Act’s (ACA’s) 60-day overpayment mandate.[2] Specifically, a provision enacted as part of the ACA in 2010 requires that all Medicare and Medicaid overp


Webinar: Text for Success- New Rules for Engaging Your Audience Amid Regulatory Changes


WHITE PAPER: Providers Take Note: What the New Stark Regulations Mean to You


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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.