Author: Jamie McCarty

Jamie counsels clients in the healthcare industry in connection with complex business transactions as well as regulatory compliance issues.

Oregon CPOM Law Faces Early Review in Eugene Emergency Physicians v. PeaceHealth

Oregon’s sweeping new corporate practice of medicine (“CPOM”) law, Senate Bill 951 (“SB 951”), has already faced its first major courtroom test. As discussed in our prior post, SB 951 significantly expands Oregon’s restrictions on healthcare management services organization (“MSO”) structures and so-called “friendly PC” models. Among other things, SB 951 limits overlapping MSO/PC ownership,...

OIG Releases New Compliance Program Guidance for Medicare Advantage Organizations

For the first time in more than two decades, the U.S. Department of Health and Human Services, Office of Inspector General (OIG) released new Industry Segment-Specific Voluntary Compliance Program Guidance (ICPG) for Medicare Advantage Organizations (MAOs). This new Medicare Advantage ICPG broadens the scope of the guidance’s application and serves as a key resource for...

Minnesota Attorney General Notification of Health Care Transactions

On May 26, 2023, the Governor of Minnesota signed into law Minnesota bill HF 402 to increase government oversight of health care transactions that occur in Minnesota or involve Minnesota-based health care entities. Minnesota joins a growing number of states considering or enacting similar measures, including New York, Connecticut, Delaware, Massachusetts, Nevada, New Jersey, Oregon,...

Living in a Virtual World: The Post-Pandemic Future of Telehealth

The COVID-19 pandemic required health care providers of all sizes to make drastic changes to the mode of patient care delivery. Telehealth quickly emerged as a safe alternative to in-person patient visits, and many providers quickly transitioned to virtual services. The pandemic-initiated expansion of telehealth was rapid and significant, but the pandemic likely accelerated existing...

CMS Issues Interim Final Rule to Enforce COVID-19 Reporting Requirements

The Centers for Medicare and Medicaid Services (“CMS”) published an Interim Final Rule in the Federal Register on September 2, 2020 to supplement and strengthen the agency’s enforcement of COVID-19 reporting requirements.  The final rule also modifies various aspects of Medicare reimbursement methodologies for health plans, physicians, and other providers.  This post summarizes each of...

New CMS COVID-19 Blanket Waivers for Health Care Providers

On March 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) published a compilation of COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (each, a “Blanket Waiver”). Section 1135 of the Social Security Act gives CMS the authority to issue waivers that ease requirements for providers affected by an emergency if: (1) the...

CARES Act Summary of Provisions that Support America’s Health Care System

On March 27, 2020, the President signed into law the “Coronavirus Aid, Relief, and Economic Security Act’’ (“CARES Act”). The CARES Act is the third phase of the federal government’s response to the coronavirus following two other laws to support American families and address health sector needs that were approved on March 6, 2020 (Phase...

COVID-19 and Provider Enrollment: CMS issues FAQs About the Broad 1135 Waiver

On Monday, March 23, 2020, the Center for Medicare and Medicaid Services (“CMS”) released Frequently Asked Questions on Medicare Provider Enrollment Relief related to COVID-19 (“FAQs”), available here. The recent Public Health Emergency declaration by the Secretary of the Department of Health and Human Services provided a broad 1135 waiver on enrollment screening requirements, application...