On September 27, 2018, the Department of Justice (“DOJ”) for the first time announced its own “road map” guiding voluntary self-disclosures and cooperation with government investigations of fraud and abuse in the healthcare industry. By encouraging self-disclosure, the government is incentivizing healthcare entities to come forward early with reports of violations in the hope of negotiating reasonable settlements, avoiding exclusion from Federal healthcare programs, and reducing the severe civil and criminal penalties that would otherwise be imposed for such violations.
“Do I really need a healthcare attorney? The Board is simply asking me to answer some questions and provide some documentation. Of course, a Board complaint is a big deal, but this part seems harmless/easy enough. I will just respond and tell them what happened, right?” The reality is that an effective response is not as straightforward as it may seem. Hiring a healthcare attorney to assist in the preparation of your response to a complaint investigation can improve your chances of resolving the complaint at the investigation stage, incidentally saving you money in the long run.
On September 25, 2018, the Virginia Board of Pharmacy met in closed session for more than five hours before awarding five conditional permits to five separate companies who will likely become the first Pharmaceutical Processors of Medical Cannabis in Virginia. Following this exciting announcement, these conditional license permittees will undergo background checks and, upon satisfactory results, will begin the arduous process of creating Virginia’s first vertically integrated Medical Cannabis cultivation, manufacturing and retail facilities. The state’s program started in earnest in 2015, and due to the advocacy of Virginia patients, caregivers, legislators, and healthcare providers, expanded to its current state in just three short years.
In Virginia (and in many other states), NPs who do not have an autonomous practice must practice under the direct supervision of a physician as part of a patient care team, pursuant to what is called a “Practice Agreement,” or, “Collaborative Practice Agreement.” A Practice Agreement is an agreement between an NP and the NP’s supervising physician that describes the relationship between the parties, including the procedures to be followed and acts to be performed by the NP in the course of providing care to patients.
CMS recently released a Proposed Rule suggesting significant changes to the Medicare Shared Savings Program, aimed at accelerating the path for providers participating in a Medicare ACO to take on risk for the cost and care of their patient populations. The following is a summary of key changes proposed to the MSSP.
In anticipation of the forthcoming issuance of Virginia’s first pharmaceutical processor licenses, the Virginia Cannabis Industry Association (VCIA) will host a launch event at O’Connor Brewing Co,’s Legalize Virginia Festival, Tuesday, September 18. VCIA’s mission is to represent Virginia medical cannabis business owners and industry stakeholders to advance legislation and bring the highest quality, safest, and most compliant medical cannabis products to consumers in the Commonwealth.
Many digital health technology companies have customers from multiple, or even all, states accessing their software and services. If these health tech companies have California customers, then starting in January 2020, they may need to abide by the California Consumer Privacy Act.
By building compliance processes into your internal structure, audits can be completed faster and can bring to light information that is beneficial for both your customers and employees. Here are seven tips to prepare for a healthcare compliance audit.
Nixon Law Group's managing partner, Carrie Nixon, is featured on this month's Health IT Trends Buzz podcast by the North Carolina Healthcare Information and Communications Alliance (NCHICA). Click here to listen!
Ostendio, a leading provider of cybersecurity and risk management solutions, today announced that they have partnered with Nixon Law Group, a boutique healthcare law firm headquartered in Virginia, to make it easier for organizations to comply with the ever-changing healthcare privacy regulatory requirements. This partnership brings together a leading-edge software platform with top-tier healthcare attorneys to help organizations better navigate the highly regulated healthcare industry.
Virginia’s medical cannabis program is moving forward, with a notice of proposed regulations and a new physician registration form. However, the Board of Pharmacy, whose ad hoc committee is currently evaluating pharmaceutical processor applications, has signaled that it will not be announcing the conditional permit recipients at its August 14th meeting, as was previously expected. The 53 applicants to the Board may be looking at a delay of weeks or months.
In the meantime, physicians can begin to prepare for increased demand from Virginians for medical cannabis certifications by registering with the Board of Pharmacy using its new application form. Also, industry stakeholders have until August 22nd to comment on the proposed regulations to replace the emergency regulations adopted by the Board earlier this summer.
With the July 12, 2018 release of its proposed Medicare Physician Fee Schedule for 2019, CMS further opened the door for use and reimbursement of Remote Patient Monitoring (or Remote Physiologic Monitoring, "RPM") services. In doing so, CMS recognizes the role that new communications technologies play in increasing patient engagement and reducing unnecessary costs.