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RESOURCE CENTER

The PPSV Resource Center provides white papers, speeches, published articles, and external links. No representation is made about the validity or usefulness of the external links. If we can assist you or answer any questions you might have, please call us in Washington, DC at 202.466.6550, or send us an email.


Health Care Articles and Papers

Summary of Rulemaking Notices on HITECH Act Incentive Payments
January 7, 2010

Overview of Genetic Information Nondiscrimination Act
November 20, 2009

Providers Should Use Cost Report Protest Procedure to Preserve Medicare Appeal Rights for Legal Challenges
October 2, 2009

FCA Amendments Raise the Stakes for Failing to Investigate Potential Overpayments
July 15, 2009

CMS Revises the Stand in the Shoes Rule, Yet Again
Mark Fitzgerald
July 10, 2009

Patient Safety Organizations: Risks and Opportunities
Rebecca Burke
May 8, 2009

The Patient Safety and Quality Improvement Act of 2005 creates both risks and opportunities for health care providers. The Act provides for the formation of patient safety organizations (PSOs) whose purpose is to collect  information on patient safety events and provide analysis and feedback on effective strategies to improve patient safety.


Proposed Acute-Care IPPS Rule for FFY 2010
Mary Susan Philp, Barbara Straub Williams and Ron Connelly
May 8, 2009

The following is a brief outline of the changes to the acute-care hospital IPPS proposed by CMS for FFY 2010. The proposed rule will be published in the Federal Register on May 22, but is currently available here. Comments are due June 30.


Proposed Changes to Medicare IRF Coverage Requirements
May 7, 2009

On May 6, 2009, the Centers for Medicare and Medicaid Services (“CMS”) published in the Federal Register the 2010 proposed rule for the inpatient rehabilitation facility (“IRF”) prospective payment system (“PPS”).CMS has also proposed to revise the Medicare Benefits Policy Manual (“MBPM”) provisions on coverage of IRF services and has established a separate comment period and process for these changes. Taken together, the proposals represent one of the most comprehensive set of changes in years to the rules governing access to inpatient rehabilitation and will set the stage for IRF care for the foreseeable future. 


Barbara Williams Presents on Recent Legislation Affecting Provider/Physician Finances for the Healthcare Financial Management Association
Barbara Williams
April 30, 2009

CMS Interpretive Guidelines for Transplant Center COPs more Detailed, Onerous than Regs Themselves
Posted with the Permission of Transplant Communications, Inc.
Transplant News (Vol. 18, No. 11), November 1, 2008

Refueling Assistance for Drivers with Disabilities
John D. Kemp, Esq. and Elisabeth Doyle, Esq. (with Paul Starkman, Esq.)
American Bar Association, Volume 32 Number 4, July/August 2008, Fall 2008

Reprinted with permission.


Changes to Stark Rules under FY 2009 IPPS Final Rules
August 8, 2008

On July 31, 2008, CMS issued more changes to its regulations interpreting the Stark law’s prohibition on physician self-referrals.  These changes are final and result from a number of proposals published in various Federal Register notices, including the FY 2008 Physician Fee Schedule proposed rule and the FY 2009 Inpatient Prospective Payment System proposed rule.


CMS Adopts Changes to PRRB Appeal Procedures
June 5, 2008

On May 23, 2008, the Centers for Medicare and Medicaid Services ( CMS) published a final rule that substantially changes the procedures for appealing a Medicare cost report determination included in a notice of program reimbursement (NPR) before the Provider Reimbursement Review Board (PRRB).1 The final rule follows a proposed rule that CMS published on June 25, 2004. Many of these revised requirements will require providers to alter their internal practices and, in some respects, make the appeal process more difficult for providers. Most provisions of the final rule will become effective on August 21, 2008.


The Hidden Wounds of War: Of Vets, Mental Disorders, and the Right to Privacy
Modern Healthcare Online, June 4, 2008

Jim Pyles and Dr. Prudence Gourguechon write about the 'Hidden Wounds of War' for Modern Healthcare.


Written Statement of Peter W. Thomas, Esq., Co-Chair of the Consortium for Citizens with Disabilities Health Task Force
Peter W. Thomas
May 6, 2008

Meet Joel Hamme, President Elect of the American Health Lawyers Association
Compliance Today, a publication of the Health Care Compliance Association, May 2008

Gabriel L. Imperato, Esq, CHC, Managing Partner in the Fort Lauderdale office of Broad & Cassel and member of the HCCA Board of directors, conducted this interview with Joel Hamme in March 2008.  This Feature Interview, published in the May 2008 issue of Compliance Today, appears here with permission from the Health Care Compliance Association. Call 888/580-8373 with reprint requests.


Proposed Changes to Medicare Hospital Inpatient Prospective Payment System (IPPS) for Federal Fiscal Year (FFY) 2009
Barbara Straub Williams

OIG Blesses Payments for On-Call Coverage, Nixes Addition of Optometrists to Hospital/Surgeon ASC,” Administrative Eyecare, Volume 17, Number 2, pages 22-23 (Spring 2008)
Robert M. Portman and Kate Romanow
Administrative Eyecare, Spring 2008

"Concierge Medicine: Legal Issues, Ethical Dilemmas, and Policy Challenges," AHLA Journal of Health & Life Sciences Law, Volume 1, Number 3, pages 1-38 (April 2008)
Robert M. Portman and Kate Romanow
AHLA Journal of Health and Life Sciences Law, April 2008

External Links - Education

Rob Lavet speaks at Consumer Bankers Association webinar "New Private Student Loan Rules & Schools: Ideas for Ensuring Compliance and Important Issues to Consider"
January 22, 2010

Rob Lavet to speak at Consumer Bankers Association webinar "Title X: Final Rule on New Disclosure Requirements for Private Student Loans" on Friday, September 18th
September 18, 2009

Tax Exempt Articles and Papers

Deadline Approaching for New Form 990 Governance Policies
Rob Portman and Ben Tesdahl
October 28, 2008

Meet Joel Hamme, President Elect of the American Health Lawyers Association
Compliance Today, a publication of the Health Care Compliance Association, May 2008

Gabriel L. Imperato, Esq, CHC, Managing Partner in the Fort Lauderdale office of Broad & Cassel and member of the HCCA Board of directors, conducted this interview with Joel Hamme in March 2008.  This Feature Interview, published in the May 2008 issue of Compliance Today, appears here with permission from the Health Care Compliance Association. Call 888/580-8373 with reprint requests.


Articles

Trade Associations and Anticompetitive Conduct: Lessons From the NAMM Case
Kate Abramson and Rob Portman
Association Law & Policy, December 2009

Last April, the Federal Trade Commission executed a final consent order settling charges that the National Association of Music Merchants (NAMM) violated Section 5 of the FTC Act. The charges were based on several of NAMM's business practices, including the promotion of discussions of pricing strategies, retail margins, and minimum advertised pricing policies at industry-wide meetings. The order demonstrates the FTC's continued scrutiny over the meetings of trade associations and signals that associations such as NAMM must be diligent in following established procedures for collecting price-related and other competitively sensitive information from their members.


Joel Hamme Authors Article On “Issues For Medicaid Nursing Facilities Under The American Recovery And Reinvestment Act”
August 11, 2009

Proposed Acute-Care IPPS Rule for FFY 2010
Mary Susan Philp, Barbara Straub Williams and Ron Connelly
May 8, 2009

The following is a brief outline of the changes to the acute-care hospital IPPS proposed by CMS for FFY 2010. The proposed rule will be published in the Federal Register on May 22, but is currently available here. Comments are due June 30.


Proposed Changes to Medicare IRF Coverage Requirements
May 7, 2009

On May 6, 2009, the Centers for Medicare and Medicaid Services (“CMS”) published in the Federal Register the 2010 proposed rule for the inpatient rehabilitation facility (“IRF”) prospective payment system (“PPS”).CMS has also proposed to revise the Medicare Benefits Policy Manual (“MBPM”) provisions on coverage of IRF services and has established a separate comment period and process for these changes. Taken together, the proposals represent one of the most comprehensive set of changes in years to the rules governing access to inpatient rehabilitation and will set the stage for IRF care for the foreseeable future. 


PPSV Keynote Speaker at 2009 Annual Meeting of American Academy of Hospice and Palliative Medicine
March 28, 2009

FAIR Fund Supports Federal Court Litigation Challenging Unlawful Procedures by Medicare Recovery Audit Contractors (RACs)
March 24, 2009

   


FY 2009 Labor, HHS and Education Appropriations Bill Passes House
FY 2009 Labor, HHS and Education Appropriations Bill Passes House
Peter Thomas, Adam Chrisney and Theresa Morgan
February 27, 2009

D.C. Circuit Finds Government Properly Rejected Request to Disclose Medicare Payment Data
Rob Portman, Ron Connelly, Hilton Marcus
February 26, 2009

CMS Interpretive Guidelines for Transplant Center COPs more Detailed, Onerous than Regs Themselves
Posted with the Permission of Transplant Communications, Inc.
Transplant News (Vol. 18, No. 11), November 1, 2008

Deadline Approaching for New Form 990 Governance Policies
Rob Portman and Ben Tesdahl
October 28, 2008

Refueling Assistance for Drivers with Disabilities
John D. Kemp, Esq. and Elisabeth Doyle, Esq. (with Paul Starkman, Esq.)
American Bar Association, Volume 32 Number 4, July/August 2008, Fall 2008

Reprinted with permission.


"Professional Liability Risk and Insurance Coverage for In-House Counsel," (co-authored with Robert M. Portman) ASAE, Association Law & Policy (September 2008)
Robert M. Portman and Stephanie A. Cason
ASAE, Association Law & Policy, September 1, 2008

Final Hospital Inpatient PPS Rule for FY 2009
Barbara Straub Williams
August 28, 2008

Congress Reauthorizes the Higher Education Act
August 8, 2008

Changes to Stark Rules under FY 2009 IPPS Final Rules
August 8, 2008

On July 31, 2008, CMS issued more changes to its regulations interpreting the Stark law’s prohibition on physician self-referrals.  These changes are final and result from a number of proposals published in various Federal Register notices, including the FY 2008 Physician Fee Schedule proposed rule and the FY 2009 Inpatient Prospective Payment System proposed rule.


Gazette Minute Interviews - Rob Lavet
August 2008

CMS Adopts Changes to PRRB Appeal Procedures
June 5, 2008

On May 23, 2008, the Centers for Medicare and Medicaid Services ( CMS) published a final rule that substantially changes the procedures for appealing a Medicare cost report determination included in a notice of program reimbursement (NPR) before the Provider Reimbursement Review Board (PRRB).1 The final rule follows a proposed rule that CMS published on June 25, 2004. Many of these revised requirements will require providers to alter their internal practices and, in some respects, make the appeal process more difficult for providers. Most provisions of the final rule will become effective on August 21, 2008.


The Hidden Wounds of War: Of Vets, Mental Disorders, and the Right to Privacy
Modern Healthcare Online, June 4, 2008

Jim Pyles and Dr. Prudence Gourguechon write about the 'Hidden Wounds of War' for Modern Healthcare.


Written Statement of Peter W. Thomas, Esq., Co-Chair of the Consortium for Citizens with Disabilities Health Task Force
Peter W. Thomas
May 6, 2008

Meet Joel Hamme, President Elect of the American Health Lawyers Association
Compliance Today, a publication of the Health Care Compliance Association, May 2008

Gabriel L. Imperato, Esq, CHC, Managing Partner in the Fort Lauderdale office of Broad & Cassel and member of the HCCA Board of directors, conducted this interview with Joel Hamme in March 2008.  This Feature Interview, published in the May 2008 issue of Compliance Today, appears here with permission from the Health Care Compliance Association. Call 888/580-8373 with reprint requests.


Proposed Changes to Medicare Hospital Inpatient Prospective Payment System (IPPS) for Federal Fiscal Year (FFY) 2009
Barbara Straub Williams

Nonprofit Articles and Papers

Trade Associations and Anticompetitive Conduct: Lessons From the NAMM Case
Kate Abramson and Rob Portman
Association Law & Policy, December 2009

Last April, the Federal Trade Commission executed a final consent order settling charges that the National Association of Music Merchants (NAMM) violated Section 5 of the FTC Act. The charges were based on several of NAMM's business practices, including the promotion of discussions of pricing strategies, retail margins, and minimum advertised pricing policies at industry-wide meetings. The order demonstrates the FTC's continued scrutiny over the meetings of trade associations and signals that associations such as NAMM must be diligent in following established procedures for collecting price-related and other competitively sensitive information from their members.


Deadline Approaching for New Form 990 Governance Policies
Rob Portman and Ben Tesdahl
October 28, 2008

The Hidden Wounds of War: Of Vets, Mental Disorders, and the Right to Privacy
Modern Healthcare Online, June 4, 2008

Jim Pyles and Dr. Prudence Gourguechon write about the 'Hidden Wounds of War' for Modern Healthcare.


Written Statement of Peter W. Thomas, Esq., Co-Chair of the Consortium for Citizens with Disabilities Health Task Force
Peter W. Thomas
May 6, 2008

Meet Joel Hamme, President Elect of the American Health Lawyers Association
Compliance Today, a publication of the Health Care Compliance Association, May 2008

Gabriel L. Imperato, Esq, CHC, Managing Partner in the Fort Lauderdale office of Broad & Cassel and member of the HCCA Board of directors, conducted this interview with Joel Hamme in March 2008.  This Feature Interview, published in the May 2008 issue of Compliance Today, appears here with permission from the Health Care Compliance Association. Call 888/580-8373 with reprint requests.


Speeches

Rob Lavet speaks at Consumer Bankers Association webinar "New Private Student Loan Rules & Schools: Ideas for Ensuring Compliance and Important Issues to Consider"
January 22, 2010

Rob Lavet to speak at Consumer Bankers Association webinar "Title X: Final Rule on New Disclosure Requirements for Private Student Loans" on Friday, September 18th
September 18, 2009

Rob Lavet Speaks at National Association of College and University Attorneys Annual Conference
June 27, 2009

PPSV's Jim Pyles to Discuss Privacy and HIT on Radio Show
June 18, 2009

Rob Lavet and Tom Hylden Present on Litigation Developments Affecting For-Profit Schools at Career College Association Convention
June 16, 2009

Barbara Williams Presents on Recent Legislation Affecting Provider/Physician Finances for the Healthcare Financial Management Association
Barbara Williams
April 30, 2009

PPSV Keynote Speaker at 2009 Annual Meeting of American Academy of Hospice and Palliative Medicine
March 28, 2009

Rob Lavet Hosts Webinar "FTC Red Flag Rules and Schools: Tips for Drafting and Implementing an Effective Policy" to the Career College Association
Rob Lavet
March 26, 2009

Rob Lavet Hosts Presentation "The Proposed Federal Reserve Rules Key Issues and Questions" for The Consumer Bankers Association Private Loan Workshop
Consumer Banker's Association: Private Loan Workshop "The Proposed Federal Reserve Rules: Key Issues and Questions"
Rob Lavet
March 18, 2009

Rob Lavet Hosts Presentation "Update on Litigation and Audit Risks Facing Student Lending Industry Participants" for the National Counsel of Higher Education Loan Programs Legal Meeting
Consumer Banker's Association: Private Loan Workshop "The Proposed Federal Reserve Rules: Key Issues and Questions"
Rob Lavet
March 16, 2009

Rob Lavet Hosts Presentation "Update on Litigation and Audit Risks Facing Student Loan Lenders" for the Student Loan Industry Forum
Rob Lavet
January 23, 2009

Rob Lavet Host Presentation "Student Lending: Past, Present, Future" for the Career College Association: Investment Conference
Career College Association: Investment Conference "Student Lending: Past, Present, Future"
Rob Lavet
December 9, 2008

Rob Lavet Host Presentation "Prohibited Inducements Update: Making Sense of the HEOA; Department of Education Regulations and State Codes of Conduct" to the National Counsel of Higher Education Loan Programs: Legal Caucus
Career College Association: Investment Conference "Student Lending: Past, Present, Future"
Rob Lavet
October 20, 2008

Rob Lavet Hosts Webinar "Preferred Lender Lists, Codes of Conduct & Related Issues" to the Career College Association
Career College Association Webinar "Preferred Lender Lists, Codes of Conduct & Related Issues"
Rob Lavet
August 14, 2008

Congress Reauthorizes the Higher Education Act
August 8, 2008

Written Statement of Peter W. Thomas, Esq., Co-Chair of the Consortium for Citizens with Disabilities Health Task Force
Peter W. Thomas
May 6, 2008


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