Welcome to the Weintraub Resources section. Here, you can find our Blogs, Videos, and Podcasts, in which Weintraub attorneys regularly provide insights and updates on legal developments. You can also find upcoming Weintraub Events, as well as firm and client News.

New Cares Funding Available For Medicaid Providers

On June 9, 2020, the U.S. Department of Health and Human Services (HHS) announced that it will allocate approximately $15 billion to providers who participate in state Medicaid program and Children’s Health Insurance Program (CHIP) and who did not receive payments from the initial $50 billion in general allocations from the Provider Relief Fund under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This funding is intended to provide relief to Medicaid and CHIP providers experiencing lost revenues or increased expenses due to COVID‑19.

California Attorney General Clarifies Effective Date For Filing Adverse Action 805 Report By Health Care Peer Review Bodies

On April 20, 2020, the California Attorney General (“AG”) issued a published opinion clarifying that the “effective date” for purposes of filing a Business and Professions Code 805 report is the date on which a peer review body’s decision becomes final, following the conclusion of a licentiate’s appeal to the body of its proposed final action, and not the date of the peer review body’s final proposed decision. Section 805 requires a report to be filed with the relevant state healing arts licensing agency “within 15 days after the effective date” of certain actions taken by a peer review body against specified health care licentiates, including denial or rejection of a licentiate’s application for membership or staff privileges; termination or revocation of a licentiate’s membership, staff privileges, or employment; or imposition of restrictions (or voluntary acceptance of restrictions) on staff privileges, membership, or employment for a cumulative total of 30 days or more in a 12-month period. A peer review body consists of medical or professional staff of licensed health care facilities or professions that review the basic qualifications, staff privileges, employment, medical outcomes, or professional conduct of licentiates.

Postponing Elective Surgeries To Contain Covid-19 Spread And Conserve Resources Presents Challenges For Healthcare Providers

The World Health Organization (WHO) declared the COVID-19 pandemic on March 11, 2020.[1] As a result, there are more patients in need of immediate and attentive care, and many practices now have to consider how to continue providing necessary services while containing the spread of COVID-19 with balancing current and future needs for clinician services, medical supplies and access to personal protective equipment (PPE). In response to this, the Centers for Disease Control and Prevention have recommended the postponement of non-essential adult elective surgeries and medical and surgical procedures to conserve resources,[2] and the Centers for Medicare & Medicaid Services (CMS) and the American College of Surgeons (ACS) have provided guidelines for same.[3] Factors to be considered include patient risk factors, availability of beds, the number of staff and PPE, as well as urgency of the procedure.[4]

Happy New Year To California’s Rural Hospitals: New Corporate Practice Of Medicine Exception Effective January 1, 2017

Effective January 1, 2017, certain rural hospitals joined the list of providers specifically exempted from the Corporate Practice of Medicine (“CPM”) ban in California, which otherwise prohibits the employment of physicians and other medical professionals by corporations and other artificial legal entities. By signing AB 2024 on September 23, 2016, Governor Jerry Brown amended California Business and Professions Code Section 2401, allowing applicable hospitals to directly employ physicians and bill for their services. According to the bill’s lead author, Assemblymember Jim Wood, the exception purports to create a pathway and incentive for physicians to practice in underserved rural communities.

California Implements Provider Enrollment Fingerprinting Requirements Effective October 2

On September 10, 2104, the California Department of Health Care Services (“DHCS”) announced that it will implement federal requirements for fingerprinting in the Medi-Cal provider enrollment process starting October 2, 2014. This new process implements a portion of the federal Patient Protection and Affordable Care Act that requires DHCS to establish categorical risk levels for certain providers determined to have a high risk of program abuse. Provider types that are categorically determined to be “high risk” are newly enrolling home health agencies, newly enrolling durable medical equipment suppliers, and newly enrolling and revalidating Drug Medi-Cal Clinics. In addition, providers not considered high risk by enrollment category may also be subject to fingerprinting if they are currently experiencing a Medi-Cal payment suspension based on a credible allegation of fraud, the applicant has an existing Medicaid overpayment based on fraud, the applicant has been excluded from participation in federal healthcare programs by the federal Office of Inspector General or another State’s Medicaid program within the previous 10 years, or CMS has lifted a temporary enrollment moratorium in the enrollment category sought within the past six months.

Fundamentals of Provider Enrollment 2013

American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues Conference, Fundamentals of Provider Enrollment.

When: March 20–22, 2013

Where: Baltimore, Maryland.