Health Care Counsel

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

Health Care Counsel

Hospices and Palliative Care

The Arent Fox Health Care practice group is a leading provider of legal services to Hospices and Palliative Care Programs throughout the United States. We advise them on a broad array of matters, including regulatory advice, 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 Hospices and Palliative Care Programs 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. We advise providers on how to establish different types of Palliative Care Programs, and comply with a complex and ever-changing regulatory landscape.

Arent Fox is on the forefront of the palliative care initiative, working with state and Federal regulators in an effort to lobby for changes in laws and regulations. We were instrumental in New York State’s amending its Hospice licensure law to include Palliative Care Programs. Arent Fox partners have served on the Regulatory and Public Policy Committees of the National Hospice and Palliative Care Organization (NHPCO), and have worked with the Center to Advance Palliative Care (CAPC).


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


Office of Inspector General Evaluates the Enhanced Enrollment Screening of Medicare Providers

In March 2012, the Centers for Medicare & Medicaid Services (CMS) enhanced its Medicare enrollment screening for new and existing enrollees to the Medicare program.  Providers not meeting CMS’s enhanced enrollment screening  risk denial, revocation, or deactivation of Medicare billing privileges.


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.


This Friday- Medical Staff Leaders and the Law Conference 2016: San Francisco

Missed our full day Medical Staff Leaders and the Law Conference in Costa Mesa? Join us this Friday for the San Francisco edition of our conference series.

Arent Fox welcomes you to participate in a free half-day conference on Friday, March 4 dedicated to equipping your medical staff team with the most current skills, tools, and information for navigating challenging issues and for developing effective leadership.


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. 


Together We Stand(ard): CMS and AHIP Announce Standardization of Quality Measures for Physicians and ACOs

As pay-for-performance programs continue to expand in both scale and scope across the US health care system, the amount of administrative and clinical resources necessary to participate in these programs has correspondingly grown. Participating providers have been faced with increasingly burdensome reporting requirements due to a lack of standardization of quality measures and reporting mechanisms among the various payors. This lack of cohesion has led to significant compliance costs for providers seeking to participate and accurately report quality achievements to the various programs.


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.


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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.