About Linda Siderius

Linda Siderius is the practice group leader for Caplan and Earnest’s Health Law section. Her practice emphasizes administrative law. She represents organizations and licensed professionals before federal and state regulatory agencies in administrative proceedings, both defending and prosecuting matters. Ms. Siderius also conducts civil litigation in health care-related areas.

Medicare Fraud Strike Force Sends Strong Message on Fraud and Abuse

Highlighting its continued focus on cracking down on Medicare fraud and abuse practices, the U.S. Department of Justice and the U.S. Department of Health and Human Services announced this month the largest ever health care fraud enforcement action precipitated by the Medicare Fraud Strike Force. As part of this national health care fraud takedown, the government charged 412 defendants with approximately $1.3 billion [...]

By |2017-10-10T13:03:18-06:00July 27, 2017|

Beyond the Essential Elements of a Compliance Program

There’s no shortage of information on the internet and in training manuals on the essentials of a compliance program. From implementing written policies to developing effective lines of communication and responding promptly to detected offenses, the steps to creating a compliance program have been well-defined, but it’s no longer enough to simply have a compliance program, it must be an [...]

By |2016-12-27T11:06:18-06:00September 27, 2016|

CMS’ Comprehensive Primary Care Plus Includes Colorado

The Centers for Medicare & Medicaid Services (CMS) announced this month that Colorado will be one of 14 regions (11 states and 3 large metropolitan areas) that will participate in a CMS initiative called Comprehensive Primary Care Plus, or CPC+. CMS originally announced CPC+ in April, describing it as the “future of primary care.” Under CPC+, CMS is offering primary [...]

By |2016-12-27T11:06:19-06:00August 16, 2016|

The Medicare Outpatient Observation Notice Goes into Effect

Beginning on Aug. 6, hospitals must notify Medicare patients in writing that they are being admitted as an outpatient, observational basis within 36 hours of beginning observational services. The Medicare Outpatient Observation Notice (more commonly known as “MOON”) is part of the NOTICE Act, which was signed by President Obama in August of 2015. The NOTICE Act was designed to [...]

By |2016-12-27T11:06:19-06:00August 15, 2016|

CMS Updates Self-Referral Disclosure Protocol

The Centers for Medicare and Medicaid Services recently updated the Self-Referral Disclosure Protocol (SRDP), seeking to revise the currently approved information collection request that advises hospitals on how to disclose an actual or potential violation of the physician self-referral statute. As an additional update, CMS is also issuing a required form for SRDP submissions. CMS is seeking to revise the [...]

By |2016-12-27T11:06:24-06:00June 7, 2016|

OIG FY 2016 Work Plan Highlights New Initiatives for Nursing Homes, Hospitals and Other Providers

Health care providers, including skilled nursing facilities, should take note of the latest Work Plan released this month by the United States Department of Health and Human Services Office of Inspector General. The Fiscal Year 2016 plan details its initiatives for detecting and preventing fraud for the next year, including a new initiative to examine claims from SNFs for compliance [...]

By |2016-12-27T11:06:30-06:00November 19, 2015|

Colorado Medical Board: Policy Regarding Recommendations for Marijuana as a Therapeutic Option

The Colorado Medical Board’s Medical Marijuana Workgroup, comprised of delegates of the Colorado Medical Board, representatives of the Colorado Department of Public Health and Environment and physicians specializing in medical marijuana, has revised its draft Policy Regarding Recommendations for Marijuana as a Therapeutic Option. The revisions were made following a stakeholder process in which the Workgroup received feedback on behalf [...]

By |2016-12-27T11:06:30-06:00November 4, 2015|

CMS Urged to Develop Strategy to Limit Questionable Payments for Chiropractic Services

The Office of Inspector General recently released a report calling on the Centers for Medicare & Medicaid Services to increase measures to identify questionable payments for chiropractic services—which amounted to $76 million in 2013—as well as to crack down on chiropractors receiving questionable payments, collect overpayments based on improperly paid claims and ensure that all paid claims are for Medicare-covered [...]

By |2016-12-27T11:06:31-06:00October 20, 2015|

Encouraging Compliance Key to Achieving Compliance Goals

For governing boards, creating a compliance program is the first step in achieving compliance goals, but encouraging compliance is key to ensuring the program will be effective. The Office of the Inspector General of the Department of Health and Human Services recently published “Practical Guidance for Health Care Governing Boards on Compliance Oversight,” in collaboration with a number of leading [...]

By |2016-12-27T11:06:37-06:00June 11, 2015|

EMTALA Cases Highlight Costs for Not Following Anti-Dumping Statutes

As a reminder to hospitals, if individuals present at your medical facility for an emergency medical condition, facilities must conduct a medical screening exam to incoming patients and they must stabilize them regardless of their ability to pay for these services. The law, the Emergency Medical Treatment and Active Labor ACT (EMTALA), was designed to prevent “patient dumping” when the [...]

By |2016-12-27T11:06:50-06:00February 17, 2015|