Please ensure Javascript is enabled for purposes of website accessibility

Author Archives: Barry Rosen

The Total Cost of Care Model

  The state of Maryland and the Centers for Medicare and Medicaid Services (CMS) have reached an agreement on a new Maryland Total Cost of Care Model that will allow Maryland to continue to set hospital rates for all payers, ...

Read More »

Stopping recoupment of Medicare overpayments

Under federal law, health care providers that want to contest the government’s recoupment of Medicare overpayments, or a termination of their Medicare provider agreement, must exhaust their administrative remedies within the Medicare bureaucracy before going to court. Unfortunately, due to ...

Read More »

Two-room ambulatory surgery facilities

Effective Jan. 15, 2018, the Maryland Health Care Commission has created a process for establishing an ambulatory surgery facility (ASF) with two operating rooms through an exemption from the certificate of need review. By creating a less onerous process for ...

Read More »

Marijuana:  Here come the feds?

Immediately after the first legal medical marijuana dispensaries opened in Maryland in December, the Trump administration issued a memo reversing Obama-era policy that allowed states to determine their marijuana rules largely without interference from federal prosecutors. The potential for renewed ...

Read More »

New requirements for informed consent

Two recent state court decisions indicate that the burden for patients receiving sufficient information to give informed consent remains squarely with physicians, even as more medical services are being provided by non-physicians, including nurse practitioners and physician assistants. Shinal v. ...

Read More »

Lengthening and liberalizing contracts with tax-exempt entities

Health care organizations that qualify for tax-exempt status under Internal Revenue Code Section 501(c)(3) are able to issue tax-exempt bonds to finance the construction of a health care facility. To protect against such bonds becoming taxable bonds, a health care ...

Read More »