Return Hospital Engagement Letters for Area Wage Index Litigation by Dec. 8
What’s happening: Dec. 8 is the deadline for hospitals to sign up for a CHA-supported legal challenge to Medicare’s low-wage index policy.
What else to know: An updated analysis increases the estimated impact of these policies on California hospitals from $26 million to $33 million in federal fiscal year (FFY) 2024.
Proposed Changes to the No Surprises Act Independent Dispute Resolution Process
Join CHA’s Chad Mulvany and King and Spaulding’s Amanda Hayes-Kibreab as they unpack what’s in the proposed rule and how it could impact hospitals. Changes are coming, don’t miss this opportunity to stay ahead of the curve!
Independent Dispute Resolution Process Updated
The departments of Health and Human Services, Labor, and the Treasury (the departments) have updated guidance regarding the No Surprises Act independent dispute resolution (IDR) process. The departments have directed certified IDR entities to resume processing all single and bundled disputes submitted on or before Aug. 3, 2023.
HHS Updates HIPAA Security Risk Assessment Tool
The Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology and Office for Civil Rights have updated its Security Risk Assessment Tool to help health care providers identify and assess potential risks to electronic protected health information, as required by the HIPAA Security Rule.
HHS Issues Proposed Rule on Nondiscrimination for Patients with Disabilities
The Department of Health and Human Services’ (HHS) Office for Civil Rights released a proposed rule updating and clarifying requirements that prohibit discrimination on the basis of disability in programs receiving financial assistance from the department, including health care.
District Court Disallows Certain Provisions Related to No Surprises Act
For the third time, the U.S. District Court for the Eastern District of Texas ruled to set aside certain regulations implementing the No Surprises Act. The Texas Medical Association, joined by several air ambulance providers and supported by an amicus brief filed by the American Hospital Association, successfully argued that the methodology used to calculate the qualifying payment amount (QPA) favors insurers during the arbitration process.
CHA Resource on Public Service Loan Forgiveness Program Eligibility Now Available
CHA has created a two-page resource on the new requirements, including revisions to the definition of “employee” and “qualifying employer,” that will enable California’s nonprofit hospitals to certify physician employment under the Public Service Loan Forgiveness (PSLF) program.
FAQS Issued on Independent Dispute Resolution Process Administrative Fee
The departments of Health and Human Services, Labor and the Treasury have released frequently asked questions (FAQs) regarding the No Surprises Act independent dispute resolution (IDR) administrative fee. The FAQs are in response to the Texas Medical Association v. United States Department of Health and Human Services opinion and order to vacate the established $350 administrative fee.
CA Supreme Court to Address Whether Hospitals Must Disclose ER Visit Fees Before Treating Patient
For over a decade, at least 15 different class action lawsuits have been filed against California hospitals for failing to disclose their facility fees before patients were treated. The suits claim that hospitals failed to advise patients arriving at their emergency rooms that they would be charged an “evaluation and management services fee” (EMS fee), which violated the state’s unfair competition law (Bus. & Prof. Code § 17200 et seq.) and Consumers Legal Remedies Act (Civ. Code § 1750 et seq.).
HCAI Publishes Draft Regulations on Hospital Transactions
On July 31, the Department of Health Care Access and Information (HCAI) published draft regulations to implement new requirements for hospitals and other health care entities to notify HCAI’s Office of Health Care Affordability (OHCA) prior to engaging in certain transactions, including mergers, acquisitions, and affiliations.