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Healthcare Compliance
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Recent changes
Estate of Angela Elaine Nowell - Estate Administration Dispute
The Court of Appeals of Washington, Division One affirmed the superior court's order denying Deborah Osborne's motion to vacate the appointment of El-Fatih Paul Nowell as administrator of his deceased wife's estate. The appellate court rejected Osborne's venue argument, holding that the Pierce County Superior Court properly appointed Nowell as administrator despite Osborne's competing petition filed in King County.
Public Data Asset Release Under OPEN Government Data Act
CMS announced the release of seven public data assets containing Original Medicare utilization and payment data aggregated by provider and service, including physician services, inpatient/outpatient hospitals, Part D prescribers, DMEPOS, and Medicaid provider spending. The datasets are released in open, machine-readable formats under an open license pursuant to the OPEN Government Data Act. CMS evaluated privacy protections under HIPAA, 21st Century Cures Act, and 42 CFR Part 2, determining the data has been de-identified and appropriately limited to mitigate re-identification risk.
CMS PRA Information Collection Request - Annual EPSDT Participation Report
The Centers for Medicare & Medicaid Services (CMS) published a Paperwork Reduction Act (PRA) notice inviting public comment on the revision of Form CMS-416, the Annual Early and Periodic Screening, Diagnostic and Treatment (EPSDT) Participation Report. The notice summarizes the proposed data collection to assess state effectiveness in providing child health screening and treatment services to Medicaid-eligible children. Comments must be submitted to the OMB desk officer by May 6, 2026.
PRA Notice - Skilled Nursing Facility Physician Certification Information Collection
CMS published a 60-day notice under the Paperwork Reduction Act requesting public comment on an information collection related to physician certifications and recertifications in skilled nursing facilities under Section 1814(a) of the Social Security Act. The notice includes burden estimates and invites comments on the necessity, utility, and accuracy of the proposed information collection. Comments must be received by June 5, 2026.
WISeR Model Prior Authorization Technical Correction
CMS issued a correction notice correcting typographical and technical errors in the July 1, 2025 Federal Register notice regarding the WISeR (Wasteful and Inappropriate Services Reduction) Model prior authorization requirements. The corrections refine the lists of Local Coverage Determination (LCD) codes for specific services including Epidural Steroid Injections, Vertebral Compression Fracture procedures, Fusion surgeries, and Sleep Apnea treatments. The corrections are effective April 6, 2026, with applicability to WISeR items and services implemented on January 1, 2026.
WISeR Prior Authorization Implementation Delay
CMS issued a notice delaying implementation of prior authorization requirements for two services under the Wasteful and Inappropriate Services Reduction (WISeR) model: Deep Brain Stimulation for Essential Tremor and Parkinson's Disease (NCD 160.24) and Percutaneous Image-Guided Lumbar Decompression for Spinal Stenosis (NCD 150.13). The original January 1, 2026 implementation date is postponed until a future date to be announced. This is a routine administrative delay to allow additional time for operational readiness.
Hospice Wage Index and Payment Update for FY2027
CMS has issued a proposed rule updating the hospice wage index, payment rates, and aggregate cap amount for Fiscal Year 2027. The proposed rule would require hospices to provide the hospice election statement addendum to all Medicare beneficiaries at the time of hospice election. Comments are due by June 1, 2026.
FY2027 IRF Prospective Payment Rate Updates and Policy Changes
CMS proposes updates to Inpatient Rehabilitation Facility (IRF) prospective payment rates for Federal fiscal year 2027, including the third year of rural adjustment phaseout. The proposed rule includes new requirements for therapy initiation timing (within 36 hours of admission), functional status documentation on preadmission screenings, and interdisciplinary team meeting requirements. Comments are due June 1, 2026.
Medicare Advantage and Part D Drug Benefit Changes
CMS issued a final rule effective June 1, 2026 (applicable to coverage beginning January 1, 2027) implementing Medicare Advantage (Part C), Medicare Part D, and Medicare cost plan changes. The rule codifies Inflation Reduction Act section 11201 changes to Part D benefit design, including new coverage phases, out-of-pocket thresholds, and the Manufacturer Discount Program replacing the Coverage Gap Discount Program.
Shaun Forslund Engineer Certification Appeal
Federal Railroad Administration received an appeal from Shaun Forslund regarding an engineer certification determination. The appeal includes supporting documentation: Letter of Findings dated December 5, 2025, and transcript/exhibits from a hearing on November 5, 2025. This represents an individual challenge to FRA certification requirements.
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