CCH Health Care Compliance NetNews

Thursday, December 13, 2007

CCH® Health Care Compliance Integrated Library
The Health Care Compliance Integrated Library delivers the latest information on health law. The Library includes seven invaluable titles:
  • Civil False Claims and Qui Tam Actions - An essential tool for bringing or defending Qui Tam action.
  • Clinical Research Compliance Manual: An Administrative Guide - Essential guidance on the laws and regulations affecting clinical research and trials.
  • Defending and Preventing Health Care Fraud and Abuse Cases: An Attorney's Guide - Clear, expert guidance on protecting against charges of health care fraud and abuse.
  • Health Care Fraud and Abuse Compliance Manual - Giving health care providers a clear perspective on fraud and abuse laws, written in plain-language.
  • Health Law and Compliance Update - Find the latest information on emerging issues. Each section is authored by an expert in the area and includes in-depth analysis of the latest health law and compliance issues.
  • Hospital Contracts Manual - Expert, current know-how in dealing with numerous hospital contract scenarios.
  • Hospital Law Manual - Health Law expertise covering treatment and payment issues in the delivery of health care services.

For more details, contact your sales rep.

Health Care Compliance Integrated Library

Reimbursement Advisor

HIPAA Compliance Handbook

The HIPAA Compliance Handbook, written by Patricia I. Carter, is intended for HIPAA coordinators, project managers, privacy officers, compliance professionals, health care record managers, and others who have the responsibility for implementing the HIPAA Administrative Simplification title. It contains easy-to-understand explanations of the legal and regulatory provisions as well as sample HIPAA-related agreements. The 2008 Edition includes:

  • Case law updates, including details of the Machado/Ferrer case, the first criminal case to go to trial under the Privacy Rule.
  • Enforcement updates, including information about the Office for Civil Rights' new enforcement Web site, HHS delegation of subpoena power, and the first Security Rule audit by the Office of Inspector General.
  • Information about the National Provider Identifier (NPI) contingency guidelines and the CMS plan for NPI data dissemination.
  • Highlights of the first official guidelines on the Security Rule.
  • New appendices with business associate language and a sample plan amendment.

Learn more. Subscribers only

Not a subscriber? Subscribe today.
Receivables Report

2008 Health Law and Compliance Update

The 2008 Health Law and Compliance Update, authored by experts in the field, includes the following chapters:

  • Year in Review. Several categories of cases, including the U.S. Supreme Court decision, dealing with whistleblower status under the civil FCA are addressed, and the IRS and Congressional focus on "community benefit" standards applicable to tax-exempt hospitals is discussed.
  • A Comprehensive Analysis of the Basis for Compliance and Governance for Health Care Organizations. Recent case law developments and federal agency pronouncements that are of vital importance for trustees and directors are discussed.
  • Antitrust in Evolving and Consolidating Provider and Payer Markets. Analyzes fundamental antitrust principles that apply to the healthcare industry, including the FTC decision in the Northwestern/Evanston/Highland Park Hospital merger.
  • Medicare Part D Compliance. Numerous compliance and operational challenges under the Medicare Part D benefit are discussed and sound guidance on the types of policies and procedures that either needs to be in place or that may need modification is provided.
  • Equity Transactions in the Ambulatory Surgical Center Industry. Compliance and business issues associated with the ASC industry are addressed and insights on the myriad business and legal issues associated with planning, implementing, and operating ASCs are included.

Learn more. Subscribers only

Not a subscriber? Subscribe today.

Continual assessment is key to compliance program effectiveness

by Geri Szuberla, J.D., Contributing Editor

As an organization grows and changes, having a continual assessment process for the organization's health care compliance program will ensure that the program remains effective, according to Lisa Eggleston, a CMS health insurance specialist who participated in an audioconference presented by the Health Care Compliance Association on November 29, 2007. Along with F. Lisa Murtha, Managing Director of Huron Consulting Group, Eggleston discussed the results of CMS' Compliance Effectiveness Study that began in late 2004. CCH Chicago Bureau, Nov. 29, 2007. Full Story

Subcommittee seeks system to levy Medicaid funds

by Hilary Goehausen, Contributing Editor

Medicaid payments disbursed to providers who are delinquent in their federal tax obligations do not qualify as "federal payments" that can be levied-on through the government's Federal Payment Levy Program (FPLP), said Internal Revenue Service (IRS) Acting Commissioner Linda Stiff during a November 14, 2007, hearing before the Senate Permanent Subcommittee on Investigations. The hearing was the "fifth in a series before the subcommittee on federal contractors who are paid with taxpayer dollars but fail to pay their taxes," subcommittee chairman Sen. Carl Levin (D-Mich.) explained in a statement during the hearing. CCH Washington Bureau, Nov. 14, 2007. Full Story

Form 990 redesign raises concerns for nonprofit groups

by Torie Cole, Contributing Editor

The recently proposed Form 990 distorts public understanding and hurts organizations the public wishes to help and support, according to nonprofit industry representatives. During a November 15, 2007, telephone conference, Clara Miller, President and Chief Executive Officer (CEO) of the Nonprofit Finance Fund, and Robert Ottenhoff, President and CEO of Guidestar, discussed their recommendations for amending Form 990, and emphasized the need to design a form that presents a clearer picture of nonprofit organizations for the nonprofit donor community. In June, the Internal Revenue Service (IRS) released a revised Form 990 for a public comment period that closed on September 14, 2007. CCH Washington Bureau, Nov. 15, 2007. Full Story

EMTALA settlements decline after 2006 spike

by Laura J. Merisalo, Contributing Editor

In its semiannual report to Congress in June, the HHS Office of Inspector General (OIG) revealed a sharp drop in the number of settlements related to the Emergency Medical Treatment and Active Labor Act (EMTALA), and in the related civil monetary penalties (CMPs) collected. In the first six months of federal fiscal year (FY) 2007, the OIG reported collecting $80,000 in total CMPs from three hospitals under EMTALA settlements - one-fifth of the amount collected during the same six-month period in FY 2006, when the OIG collected $345,000 from 12 hospitals and one physician. Healthcare Registration, Vol. 16, No. 11, Aug. 2007. Full Story

Health IT measures included in 2008 PQRI

by Valerie L. Witmer, J.D., Contributing Editor

CMS has outlined new quality measures for inclusion in the 2008 Physician Quality Reporting Initiative (PQRI), including structural measures that focus on whether physicians and health care professionals use electronic health records and e-prescribing technology. The 2008 PQRI measures were released in the Medicare Physician Fee Schedule Final rule, which was published in the Federal Register on November 27, 2007. Final rule, 72 FR 66221, Nov. 27, 2007; CMS Press Release, Nov. 1, 2007. Full Story

Infection control standards for hospitals updated

The hospital interpretive guidelines regarding infection control have been revised. Due to changing infectious disease threats, as well as new mechanisms to confront these threats, the guidelines have been updated to reflect current conditions within hospitals as well as contemporary infection control standards of practice. The revised guidelines discuss: (1) applicable requirements for the infection control condition of participation and related standards; (2) survey procedures to be used to determine compliance; and (3) practices that hospitals are encouraged to adopt. The revised guidelines are effective immediately. CMS Letter to State Survey Agencies, No. 08-04, Nov. 21, 2007, Health Care Compliance Reporter p350,065. Full Story

Stark Phase III provisions delayed

Application of the "stand in the shoes" provisions of the Stark II Phase III final rule (72 FR 51012, Sept. 5, 2007) to certain compensation arrangements has been delayed until December 4, 2008. The delay is only applicable to compensation arrangements between the following physician organizations and entities: (1) with respect to an academic medical center (AMC), as described in 42 C.F.R. 411.355(e)(2), compensation arrangements between a faculty practice plan and another component of the same AMC; and (2) with respect to an integrated tax-exempt health care system, compensation arrangements between an affiliated designated health service entity and an affiliated physician practice in the same integrated tax-exempt health care system. Final rule, 72 FR 64161, Nov. 15, 2007, Health Care Compliance Reporter p700,054. Full Story

Therapy provider settles FCA allegations

Physiotherapy Associates, Inc., a Memphis, Tennessee based outpatient therapy provider and its former parent company, the Michigan based Stryker Corporation, have agreed to pay the United States $16.6 million to settle allegations that they submitted false claims to Medicare and other federally funded health care programs in violation of the Federal False Claims Act (FCA). DOJ Press Release, Nov. 14, 2007. Full Story
On The Front Lines

New safe harbor protects certain financial arrangements involving federally qualified health centers

by Michael A. Dowell, Esq., Contributing Editor

The safe harbor protection under the anti-kickback statute for certain financial arrangements involving FQHCs addresses donations, loans, and the furnishing of items, goods, and services to certain federally-funded health centers, including FQHCs and Indian health centers ("health centers"). The safe harbor protects arrangements in which entities and individuals (namely hospitals, specialty physicians, and other health care providers and suppliers) ("donors"), furnish these sorts of loans, services, and other items to health centers, if the arrangements meet certain safe harbor criteria. Full Story
Not a subscriber? Subscribe today.
Search CCH Health Care
Advanced Search
Subscribe to NetNews

Receive the NetNews newsletters via e-mail and to stay up-to-date on all the latest developments.

About This Newsletter

To access the IntelliConnect™ full text documents you must be a subscriber to the Health Care Portfolio Deluxe and the Health Care Compliance Integrated Library IntelliConnect product (depending on the link).*

Links within news stories display full text documents including legislation, regulations, court decisions, rulings and government reports.

The first time you click on a link you will be taken to the IntelliConnect login page, where you will need to enter your ID and password. Subsequent links will take you directly to the desired document.

Want to Subscribe?

If you aren't a subscriber to the Health Care Portfolio Deluxe and the Health Care Compliance Integrated Library, call 800-449-9525 or let us contact you to receieve a free trial to allow you to click on the links within the news stories and see the full text documents.

You are subscribed to CCH® NetNews, sponsored by CCH. To unsubscribe or manage your newsletter preferences, go to Click Here. To subscribe, go to

To unsubscribe via postal mail, please contact us at: CCH, Attn: Business Compliance Marketing, 2700 Lake Cook Rd., Riverwoods, IL 60015. Please include the email address you have been contacted with.

Wolters Kluwer Law & Business is the leading provider of information covering Medicare & Medicaid, Healthcare Compliance, Food, Drug & Cosmetic Law, and Home Health. For more information about our products and services, go to or call 800-449-9525. This newsletter is copyrighted by CCH and may be redistributed only for non-commercial purposes and only in its entirety, specifically including the CCH headers, this paragraph and the CCH copyright line. No other redistribution or re-purposing, including but not limited to use on a web site, intranet or extranet, is permitted without prior written permission of CCH.