Overview


This issue of McDermott’s Healthcare Regulatory Check-Up highlights notable enforcement activity between April 21 and May 20, 2022, including a telemedicine case involving $64 million in false and fraudulent claims. We also review recent Office of Inspector General (OIG) advisory opinions on provider donations to a patient assistance program and a laboratory’s proposed arrangement with hospitals, plus OIG’s four new Work Plan items.

Recent Centers for Medicare & Medicaid Services (CMS) activity of note includes a proposed rule on the fiscal year (FY) 2023 Inpatient Prospective Payment System and new databases detailing change-of-ownership information for Medicare-enrolled hospitals and skilled nursing facilities. CMS also recently released the FY 2023 Skilled Nursing Facility Prospective Payment System proposed rule, which includes provisions seeking to advance the Biden administration’s efforts to improve competition, transparency and quality for hospitals and nursing homes.