Idaho’s new crisis hold statute takes effect October 1, 2024, and allows hospitals to temporarily detain “persons with a neurocognitive disorder who are in acute crisis due to an unidentified underlying medical condition [so...more
Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies,...more
On March 28, 2024, CMS issued its fiscal year (FY) 2025 prospective payment system (PPS) proposed payment rule for inpatient psychiatric hospitals (IPFs). The proposed rule is expected to be published in the Federal Register...more
The New Jersey Legislature recently addressed a key gap in the state’s involuntary commitment law, which has historically permitted a hospital to hold a patient in need of involuntary commitment for no more than 72 hours. The...more
The Centers for Medicare & Medicaid Services (CMS) has released the calendar year (CY) 2024 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System Proposed Rule (CMS-1786-P),...more
During the 2023 legislative session, the Indiana General Assembly passed HEA 1006, which combines and modifies the emergency and immediate detention processes. The changes permit police and health care providers to seek...more
North Carolina is poised to enact significant certificate of need (CON) reforms that are expected to eliminate the need to secure CON approvals for the development of new psychiatric and chemical dependency treatment...more
The Occupational Safety and Health Administration (OSHA) recently took a major first step toward developing its anticipated standard regarding violence in the healthcare setting, titled “Prevention of Workplace Violence in...more
On March 23, 2023, the North Carolina General Assembly passed legislation that would expand Medicaid for an estimated 600,000 North Carolinians who currently lack health care coverage but do not actively qualify for Medicaid....more
The Biden administration recently released three final rules that provide for an aggregate $1.19 billion increase in Medicare payments in fiscal year 2023 for hospices, rehabilitation facilities, and psychiatric facilities. ...more
Two recent pieces of legislation will amend the Pennsylvania Health Care Facilities Act: Senate Bill 818 concerning Ambulatory Surgery Centers (“ASCs”), which is on the Governor’s desk awaiting signature, and Act 30 of 2022...more
I. Certificate of Need Program - A. A. AL2022-012, St. Vincent’s East, Birmingham, AL: Proposes to build out of existing shelled space on the seventh (7th) floor of the north tower within its existing hospital for the...more
Through North Carolina’s annual Healthcare Planning process, providers now have a first look at the opportunities expected to be identified for 2023 Certificate of Need (CON) proposals. The Proposed State Medical Facilities...more
On March 2, the State Health Coordinating Council officially kicked off a new year of planning for development of new health care facilities, services, and equipment for North Carolina. A range of Petitions were filed seeking...more
A conversation with Joy Heath & Joel Johnson - As the Certificate of Need (CON) year winds down, we look ahead to 2022 and pause to look back at some of the highlights across a robust year of 2021 CON activity....more
Business owners: Now’s the time to revisit buy-sell agreements - If you own an interest in a closely held business, a buy-sell agreement should be a critical component of your estate and succession plans. These...more
On July 29, 2021, CMS issued final rules for FY 2022 in its yearly update to Medicare payment policies under the Skilled Nursing Facility (SNF) prospective payment system (PPS), Inpatient Rehabilitation Facilities (IRFs) PPS,...more
On April 7, 2021, CMS issued a proposed rule for the Inpatient Rehabilitation Facility (IRF) Prospective Payment System (PPS) and a proposed rule for the Inpatient Psychiatric Facility (IPF) PPS for fiscal year (FY) 2022. ...more
California recently passed legislation that allows evaluations and assessments for involuntary psychiatric holds to be conducted using telehealth technology. California’s Lanterman-Petris-Short Act authorizes the involuntary...more
The pandemic has prompted the reallocation of hospital beds from psychiatric care to treatment of COVID patients. This has occurred as mental illness has been on the rise. To cope with the insufficient number of psychiatric...more
Mental health patients are sometimes hospitalized under a legal hold allowing their temporary hospitalization. Medical providers seeking payments for services provided to patients subject to a legal hold argue, in both the...more
As part of sweeping exemptions aimed at facilitating all levels of healthcare during the coronavirus public health emergency, the Centers for Medicare and Medicaid Services (CMS) has been issuing waivers for a wide range of...more
Last month, the Montana Supreme Court affirmed the district court’s involuntary commitment of a married, successful business owner in her late fifties (“Maggie”) to the Montana State Hospital because she showed evidence that...more
On March 30, 2020, CMS issued updates to its prior QSO memorandum, expanding its infection control and prevention guidance to include hospitals, critical access hospitals and psychiatric hospitals. The updated QSO memorandum...more
As federal agencies scramble to provide regulatory relief from the fall-out of the coronavirus pandemic taking hold in the United States, several waivers and bulletins provide guidance specifically applicable to substance use...more