Health Law Section | State Bar of Wisconsin

The Health Law Section addresses areas of interest to health law practitioners including issues such as regulation and operation of health care organizations, bioethics, managed care, accountable care, privacy, and risk management.

The State Bar of Wisconsin offers its members the opportunity to network with other lawyers who share a common interest through its 24 sections. Learn more at http://www.wisbar.org/groups.

Website: https://www.wisbar.org/forMembers/Groups/Sections/HealthLawSection/pages/home.aspx
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Latest from Health Law Section | State Bar of Wisconsin - Page 4

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Many health insurers and the federal government are waiting for the U.S. Supreme Court’s decision involving risk corridors. The issue is whether the federal government is required to pay health insurers money under the risk corridors statute.
This case has implications far beyond even the $12 billion in dispute. At stake is whether the government can be a trusted business partner to pay private entities when that entity already performed its statutory obligations and is entitled to payment.
This…
Continue Reading Risk Corridors and Promised Payments: Massive Government Bait and Switch?

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The Centers for Medicare & Medicaid Services (CMS) recently published its Proposed Rule, 84 Fed. Reg. 55766 (Oct. 17, 2019), for modernizing the Physician Self-Referral Regulations (Stark).In this article, we focus on the portion of the Proposed Rule in which CMS addresses attacks on compensation practices that until recently have been considered to be perfectly permissible.
CMS provides guidance on fundamental terminology regarding compensation arrangements, specifically the definition of “commercial reasonableness,” the “volume or value” standard pertaining to physician…
Continue Reading Modernizing Stark: Centers for Medicare & Medicaid Service’s Proposal

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Demographics in the U.S. are changing, as 10,000 baby boomers turn 65 each day through the year 2030, says the Pew Research Center. According to the 2015 National Council on Aging’s United States of Aging Survey, 75% of older adults prefer to continue living in their own home as they age.

Long-term care services are thus vital to assisting these individuals live in their home for as long as possible. Family Care, a Medicaid long-term care program…
Continue Reading Family Care: Supporting the Independence of Wisconsin's Aging Residents

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Editor’s note: This article was published April 23, 2019, in the Legal News blog on the website of von Briesen and Roper.
Health care fraud convictions are news. When the convicted parties are the physicians, investors, and staff of a physician-owned surgical hospital who now face up to 65 years in a federal penitentiary, that is big news.
And when some of those convictions were based, in part, on a relatively obscure federal law that appears to expand…
Continue Reading Forest Park Medical Center and the Travel Act: Different Road, Same Destination