BW INSIGHTS

The Struggle is Real: Collecting Payments for Nursing Home Care

By BrownWinick | 01.18.2019

In recent years, we have seen an increase in nursing homes struggling to obtain payment for care provided to residents. Certainly, Iowa’s elimination of the 90-day retroactivity for Medicaid coverage (which has now been reinstated for nursing home care) contributed to this to some extent, but the problem seems to occur more frequently than ever.... Read More

State Health Facilities Council Update - October 24, 2018

By BrownWinick | 10.25.2018

The State Health Facilities Council (the “Council”) met on October 24, 2018, and granted a certificate of need (“CON”) to each of the following projects: • The construction of a 40-bed rehabilitation hospital in Johnson County by Mercy Medical Center and Kindred Healthcare at a cost of $7,508,963. • The construction of a 40-bed rehabilitation... Read More

Safeguarding the Privacy and Security of Health Information

By BrownWinick | 10.12.2018

Emerging and constantly evolving threats to the data of health care providers, health plans, and business associates give rise to frequently re-visiting an organization’s policies, procedures, education, and employee training that address compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Threats may include... Read More

Governor Signed SF2334 Into Law

By BrownWinick | 04.12.2018

On April 2, 2018, the Governor signed SF2334 into law. SF2334 requires Iowa certificate of need approval prior to the conversion of a long-term acute care hospital, rehabilitation hospital, or psychiatric hospital, to a general hospital or another type of specialty hospital. Read More

Limited English Proficiency Policies

By BrownWinick | 04.06.2018

Health care providers and other covered entities likely encounter individuals in their practice that are diverse in language, ethnicity, and religion. As communities continue to diversify, it is important for covered entities to understand their legal obligations to populations who may not speak English as a primary language. Title VI of the Civil... Read More

Surrogacy Contracts Are Enforceable in Iowa

By BrownWinick | 03.02.2018

In a highly-anticipated ruling, the Iowa Supreme Court today ruled that gestational surrogacy contracts are enforceable in Iowa. The case involved a couple who were unable to conceive a child together. They entered an agreement with another couple, whereby the wife agreed to carry a child for the intended parents in exchange for compensation for... Read More

Iowa's State Health Facilities Council Approves Over $6 Million of New Projects

By BrownWinick | 02.23.2018

The State Health Facilities Council (the “Council”) met on February 21, 2018, and granted a certificate of need (“CON”) to each of the following projects by a vote of 4-0: The purchase of a 3.0 Tesla MRI by the University of Iowa Hospitals and Clinics at a cost of $2,681,912. The purchase of a PET/CT system by the University of Iowa Hospitals and... Read More

Iowa Medicaid Providers Subject to Increased Scrutiny for Medicaid Overpayments

By BrownWinick | 02.20.2018

On January 23, 2018, the Iowa Department of Human Services (DHS) announced that it will begin using statistical sampling to determine whether Iowa Medicaid providers have received overpayments from Iowa Medicaid Enterprise (IME), including from the Managed Care Organizations (MCOs), and the Iowa Dental Wellness Plan. Pursuant to Informational... Read More

Iowa Certificate of Need Law Under Constitutional Attack

By BrownWinick | 09.21.2017

Iowa has become the latest battleground in a nationwide effort to challenge state “certificate of need” laws. Since 1977, Iowa’s certificate of need (“CON”) law has required approval for any “new or changed institutional health service.” The Iowa General Assembly enacted the CON law to avoid unnecessary duplication of healthcare services and to... Read More

New Guidance on Dental Labs as Business Associates

By BrownWinick | 04.07.2017

In March 2017, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) confirmed that a dentist does not need to sign a business associate agreement with a dental lab when the dentist shares with the lab protected health information for purposes of treating patients. The OCR guidance, which was provided in an e-mail to the... Read More