Stafford Act and Possible Waivers
March 14, 2020
by Megan D. Hargraves
President Trump declared a National Emergency under the Stafford Act on March 13, 2020. This allows the Department of Health and Human Services (HHS) to waive certain Medicare and Medicaid requirements, giving hospitals and other healthcare providers the flexibility to address COVID-19 and still…
Hospital Staffing Disruption COVID-19
March 13, 2020
by Megan D. Hargraves
It is inevitable that as COVID-19 spreads in the community, hospitals and other healthcare providers will experience staffing disruption. Our doctors, nurses, aides, technicians, and other medical staff are on the frontlines, providing direct patient care to those with suspected COVID-19 and to…
State Hospital Association Fights Changes to Medicaid DSH Payment Rules
For hospitals that “serve a disproportionate number of indigent patients” Medicaid allows for supplemental payments to help ensure their financial viability. The calculation of those supplemental payments recently became the subject of litigation brought by a state hospital association, culminating…
Are Hospital Clinics Tax Exempt in Arkansas? Court of Appeals Weighs in on the Bounds of the Public-Charity Tax Exemption
It is widely recognized that the public-charity tax exemption in the Arkansas Constitution covers charitable hospitals, provided they meet certain criteria established by Arkansas Supreme Court case law. But what about a free standing clinic owned and operated by a charitable hospital? And does…
UPDATE - Big Win for Arkansas Hospitals: protecting the quality assurance process
Last month, we wrote that the Arkansas Court of Appeals had recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105. We also noted that that the Plaintiff was seeking review of the Court of Appeals’ decision with the…