Suzanne York

On March 17, 2023, the Centers for Medicare & Medicaid Services issued new guidance for the Independent Dispute Resolution (“IDR”) process under the No Surprises Act for payment determinations made on or after February 6, 2023 for services provided after October 25, 2022.  The new guidance was issued in light of federal court decisions striking […]

The Drug Enforcement Administration (“DEA”) has published its long awaited rules on prescriptions of controlled substances via telehealth after the end of the COVID-19 Public Health Emergency (“PHE”). Federal law prohibits the prescription of controlled substances without an in-patient visit unless an exception, such as an established patient relationship, applies. During the PHE, the DEA

Gold carding programs are programs that eliminate or reduce prior authorization requirements for providers whose requests for prior authorization have consistently been approved and/or who have met other evidence-based criteria. In its recently published proposed rules for Medicare Advantage plans for the 2024 contract year, CMS encouraged Medicare Advantage Plans to implement gold carding programs,

A new report released by Crowe, LLP found that Medicare Advantage plans are much more likely than other payers to deny payment for inpatient claims. The report, entitled “Who’s picking up the check,” analyzed data from more than 1,700 hospitals. It found that Medicare Advantage plans denied 5.8% of inpatient admissions in 2022 compared to

The American Hospital Association has submitted comments strongly supporting the Centers for Medicare & Medicaid Services proposed rule changes governing Medicare Advantage plans beginning in the program year 2024. The proposed rule changes would codify CMS guidance that Medicare Advantage plans must follow traditional Medicare’s coverage guidelines and must not make medical necessity determinations based

The Centers for Medicare & Medicaid Services has ordered an immediate halt to payment decisions by Independent Dispute Resolution (“IDR”) entities under the No Surprises Act as a result of a February 6, 2023 federal court decision vacating the rules governing how out-of-network payment decisions are to be made. In addition, CMS directed IDR entities

CVS Health has reported strong full year and fourth quarter 2022 profits and revenues, with its health benefits sector Aetna reporting double-digit revenue growth. CVS reported full year profits of $4.1 billion and full year revenues of $322.5 billion, a 10.4% increase from 2021 revenues of $292.1 billion.  CVS also reported strong profits of $2.3

In a win for providers, the federal court that had previously struck down the sections of the No Surprises Act rules governing how arbitrators determine the amount paid to out-of-network providers, has now struck down the final rules governing these determinations.  The rules had been challenged by the Texas Medical Association, one of its physician

Elevance Health, Inc. (formerly known as Anthem) reported strong full year profits of $8.5 billion for 2022, an increase of 12.9% over the prior year. Elevance’s operating revenues were also sharply up, growing 13.7% over the prior year to $156 billion.  As a result, Elevance’s quarterly dividend increased 16% to $148 a share. These results

 The Department of Justice’s Antitrust Division has withdrawn three antitrust policy statements related to enforcement in healthcare markets.  The withdrawn policy statements are: Department of Justice and FTC Antitrust Enforcement Policy Statements in the Health Care Area (September 15, 1993) Statements of Antitrust Enforcement Policy in Health Care (August 1, 1996)  Statement of Antitrust Enforcement