Michael W. Mitchell	Greg Alagood
Clayton R. Blackstock	Robert Wright
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Our Most Recent Healthcare Law Articles

Supreme Court Decision on Equal Access Leaves Many Questions Unanswered Regarding Providers' Ability to Fight Rate Cuts in Court

The Supreme Court issued its decision yesterday in the highly anticipated equal access case, Douglas v. Independent Living Center of Southern California. In a 5-4 decision, the majority, in an opinion by Justice Breyer, declined to decide whether providers and beneficiaries can sue states to enforce the equal access statute. The case left some unanswered questions, but early indications were that providers were taking it as a positive result overall.

California physicians, hospitals and other providers had sued to block state amendments to the Medicaid program, including a 10% reimbursement cut, arguing that they violated language in the federal law that payments are sufficient to sustain quality and access for beneficiaries. The 9th U.S. Court of Appeals agreed and issued injunctions blocking the cuts....read more

ACOs AND SHARED SAVINGS IN A NUTSHELL: Applications to Participate Available Now

Earlier this month, the Center for Medicare and Medicaid Services (CMS) published the final rules on the Medicaid Shared Savings Program and Accountable Care Organizations. More recently, CMS published application materials for entities that wish to participate in the Medicaid Shared Savings Program (MSSP) as an Accountable Care Organization (ACO). Providers who may be considering joining or forming an ACO should understand what an ACO is and how the Medicaid Shared Savings Program works as well as what will be required in the Medicare application process.....read more

Social Media and On-line Conduct Policies for Medical Employers

Most medical employers these days understand that, like other kinds of employers, they need clear-cut policies on how employees may or may not use computers while at work. Not all medical employers realize that they also should have policies on what employees may say on social media websites during their own time. Social media guidelines for employees should be drafted consistent with federal law and with the intent of protecting the reputation of the practice, preserving the confidentiality of patients, enforcing other existing workplace policies, and maximizing employee productivity during working hours. A social media policy for a medical employer, or for any other kind of employer for that matter..., read more

First “Health Home” Program Gets CMS Approval - Arkansas Looking in Same Direction

The first health home program to get approval from the Centers for Medicare and Medicaid Services offers an important roadmap for similar efforts in Arkansas, including methods for reimbursing providers. Mental health and developmental disabilities providers as well as primary care physicians and nurses play crucial roles in this model.... read more

True Reform Impossible Without Good Data

Since the state announced the Arkansas Health Payment Improvement Initiative, it has become increasingly clear that one key element is missing– good data. One of the essential elements to determining what is driving the Medicaid budget and where the opportunities for payment reforms exists is the availability of data. For many people, their knowledge of the Medicaid program is based on anecdotes or personal experience rather than on any hard data.... read more

Transformation & Tribulations: The Barriers to Arkansas’ Healthcare Reform and Possible Ways to Overcome Them

Despite making some modifications to Governor Beebe’s healthcare reform initiative, state officials are finding it difficult to win provider support. This should come as no surprise. Conceived in a theoretical vacuum and cloaked in secrecy, the ambitious initiative was on life-support when introduced. Even with the modifications, practical problems abound.

What follows is an analysis of the key concepts in the proposal. Also included are ideas physicians may want to use in future discussions with the Governor’s team to help move reform efforts in a direction that physicians can support. In next month’s Journal we will examine the actual cost drivers in the healthcare system and how much of the growth is attributable to physician services.... read more

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