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Wachler Publications

In addition to providing healthcare related legal services to our clients, the attorneys of WACHLER & ASSOCIATES, P.C., have published numerous articles relating to RAC audits and Medicare appeals including several articles for the ABA publication, The Health Lawyer, a publication that goes to over 11,000 health care and business attorneys. If you would like copies of the articles listed below, please contact us and we will be happy to send you a free copy.

Wachler & Associates, P.C. Publications

Wachler & Associates, P.C. is proud to announce the publication of two newsletters, The RAC Quarterly and the Health Law Advisor, that provide the latest news regarding various healthcare law topics, including Recovery Audit Contractors.

RAC Publications

"What You Need to Know: Inpatient Denials and Part A/Part B Reimbursement," Andrew B. Wachler, Esq. and Jessica C. Lange, Esq., The RAC Monitor, January 2012.

"CMS Launches New Demonstration Program," Andrew B. Wachler, Esq. and Jessica C. Lange, Esq., The ABA Health eSource, Vol. 8, No. 5, January 2012.

"Increased Spending Will Bring Heightened Scrutiny to Laboratory Billing Practices," Andrew B. Wachler, Esq., Rebecca Robichaud, Esq. and Jessica C. Lange, Esq., Advance for Medical Laboratory Professionals, January 2012.

"Another Round of Contractors: The Medicaid RAC Final Rule," Andrew B. Wachler, Esq., Jennifer Colagiovanni, Esq. and Jessica C. Lange, Esq, The Health Lawyer, The ABA Health Law Section, December 2011.

"CMS Demonstration Program for Part A to Part B Rebilling, Pre-Payment Review Come with Significant Implications for Hospitals and Other Providers Undergoing RAC Audits," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, November 28, 2011.

"Impact of an Untimely Hospice Face-to-Face Encounter: An Update," Amy K. Fehn, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, November 2011.

"Landscape of Medicare and Medicare Contractors," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, October 2011.

"Using Data Mining as a Component of Audit Defense," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, September 2011.

"Comparative Billing Reports: What Providers Should Know," Amy K. Fehn, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, August 2011.

"Audit Impact: Expanded Liability for Overpayments," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq.,The RAC Monitor, July 2011.

"Weathering a Medicare Audit: Overview of the Medicare Appeals Process," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq., MGIS Talking Points Newsletter, Vol.2 No. 3, June 23, 2011.

"Contractor Involvement in the Medicare Appeals Process," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, June 13, 2011.

"One Year Later The Impact of Health Care Reform on Health Care Provider Audits and Compliance Programs," Andrew B. Wachler, Esq., Jennifer Colagiovanni, Esq., and Christopher J. Laney, Esq., Michigan Bar Journal, June 2011.

"RAC Medical Necessity Denials of Inpatient Services - Fair & Equitable Reimbursement," Andrew B. Wachler, Esq., The RAC Monitor, April 21, 2011

"The Use of Payment Suspensions in the Audit Landscape," Amy K. Fehn, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, March 24, 2011

"New Audit Risk for Home Health Agencies: Face to Face Certification Requirements," Amy K. Fehn, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, March 14, 2011

"Providers Need to Be Aware of Key Hospice Risk Areas," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq., Wachler & Associates, P.C., The RAC Monitor, March 1, 2011.

"The Impact of Mandatory Compliance Programs on Reimbursement for Skilled Nursing Facilities," Andrew B. Wachler, Esq., Amy K. Fehn, Esq. and Jennifer Colagiovanni, Esq., The RAC Monitor, February 17, 2011.

"Prepare for Increased RAC Activity in 2011," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq., Wachler & Associates, The RAC Monitor, December 7, 2010.

"Skilled Nursing Facilities: Current Audit Issues and Potential Vulnerabilities," Amy K. Fehn, Esq., Jennifer Colagiovanni, Esq. and Christopher J. Laney, Esq., Wachler & Associates, P.C., The RAC Monitor, November 17, 2010.

"Complex Medical Necessity Reviews Underway: What Does the Past Tell Us," Amy K. Fehn, Esq. and Jennifer Colagiovanni, Esq., Wachler & Associates, The RAC Monitor, October 2010.

"Chapter 2: Compliance Within the Auditing Landscape," 2011 Health Law and Compliance Update, Aspen Publishers: Wolters Kluwen Law & Business.

"Providers Should be Aware of New Signature Requirements in Effect," Amy K. Fehn, Esq. and Jennifer Colagiovanni, Esq., Wachler & Associates, P.C., The RAC Monitor August 2010.

"Waiver of Liability and Compliance with the Patient Protection and Affordable Care Act's Additional Documentation Requirements," Andrew B. Wachler, Esq. and Jesse Adam Markos, Esq., Wachler & Associates, P.C., The RAC Monitor July 2010.

"Success During the Discussion Period," Andrew B. Wachler, Esq. and Jesse Adam Markos, Esq., Wachler & Associates, P.C., The RAC Monitor June 2010.

"Challenges to Statistical Extrapolation in the Evolving Audit Landscape," Andrew B. Wachler, Esq. and Jennifer Colagiovanni, Esq., Wachler & Associates, P.C., The RAC Monitor May 2010.

"RAC to the Future: What Medicare Providers and Suppliers Can Expect from Recovery Audit Contractors," by Wachler & Associates, P.C., The Health Lawyer, The ABA Health Law Section, December 2008.

"The New Medicare Appeals Process," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, June 2005.

"Recovery Audit Contractors and Medicare Audits: Successful Strategies for Defending Audits", co-author Andrew B. Wachler, Esq., Caring, National Association of Home Care and Hospice, November, 2008.

Other Health Law Publications

"Challenging the Denials of Short-Stay Inpatient Hospital Claims," Andrew B. Wachler, Esq. and Jesse Adam Markos, Esq., Michigan Medical Law Report, Fall 2011.

"Space-Sharing and Leasing for IDTFs: A Clarification of the Rules and Standards,"Christopher J. Laney, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Spring 2011

"The 'Physician Payment Sunshine' Act: What Do the New Reporting Requirements Mean for Physicians?" Laura C. Range, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Spring 2011.

"Understanding Health Care Reform's New Delivery Models," Amy K. Fehn, Esq., Health Care Weekly Review, Michigan Edition, April 4, 2011.

"In post-HITECH era, HIPAA ignorance could be costly," Amy K. Fehn, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Winter 2010.

"Expanded Reporting Requirements for State Licensing Authorities," Andrew B. Wachler, Esq. and Jesse A. Markos, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Fall 2010.

"When Purchasing Electronic Health Records: Buyer Beware," Amy K. Fehn, Esq. of Wachler & Associates, P.C. and Jeremy D. Bisdorf of Jaffe Raitt Heuer & Weiss, P.C., The Michigan Medical Law Report, Fall 2010.

"Targeting Fraud and Abuse in the Health Care Reform Era," Andrew Wachler, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Summer 2010.

"Preparing for Health Care Reform: What Matters for Providers," Amy K. Fehn, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Summer 2010.

"New CMS Coverage Policy for Inpatient Rehabilitation Facility Services: Are You Prepared for the Changes?" co-authors Andrew B. Wachler and Laura C. Range, Michigan Medical Law Report, Spring 2010.

"The Proposed Meaningful Use Regulations: A Guide to EHR Incentive Payments," co-authors Amy K. Fehn and Laura C. Range, Michigan Medical Law Report, Spring 2010.

"Changes to Stark - Are you still in compliance?" co-authors Andrew B. Wachler, Michigan Medical Law Report, Vol. 5., No. 4., Winter 2010.

"The HITECH Breach Notification Rules: Ensuring Compliance with the New Obligations," co-authors Amy Fehn and Laura Range, Michigan Medical Law Report, Vol. 5., No. 4, Winter 2010.

"Expanded Reporting Requirements for State Licensing Authorities," Andrew Wachler, Esq. and Jesse Markos, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Fall 2010.

"When Purchasing Electronic Health Records: Buyer Beware," Amy K. Fehn, Esq. of Wachler & Associates, P.C. and Jeremy D. Bisdorf of Jaffe Raitt Heuer & Weiss, P.C., The Michigan Medical Law Report, Fall 2010.

"Targeting Fraud and Abuse in the Health Care Reform Era," Andrew Wachler, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Summer 2010.

"Preparing for Health Care Reform: What Matters for Providers," Amy K. Fehn, Esq., Wachler & Associates, P.C., The Michigan Medical Law Report, Summer 2010.

"New CMS Coverage Policy for Inpatient Rehabilitation Facility Services: Are You Prepared for the Changes?" co-authors Andrew B. Wachler and Laura C. Range, Michigan Medical Law Report, Spring 2010.

"The Proposed Meaningful Use Regulations: A Guide to EHR Incentive Payments," co-authors Amy K. Fehn and Laura C. Range, Michigan Medical Law Report, Spring 2010.

"Changes to Stark - Are you still in compliance?" co-authors Andrew B. Wachler, Michigan Medical Law Report, Vol. 5, No. 4, Winter 2010.

"The Medicaid Integrity Program: Full Steam Ahead," co-authors Andrew Wachler & Amy Fehn, The Health Lawyer, The ABA Health Law Section, August 2009.

" Risks and Costs You Can't Afford to Ignore: Stark Law Basics and Anti-Markup Rules," Andrew B. Wachler, Healthcare Billing & Management Association, Vol. 15, Issue 5, September-October 2009.

"CMS Changes Rules Regarding Use of 'Consignment Closets,'" co-authors Amy K. Fehn and Jennifer Colagiovanni, Michigan Medical Law Report, Vol. 5, No. 3, Fall 2009.

"FERA Gives Health Care Fraud Enforcement a Boost," co-authors Andrew Wachler & Amy K. Fehn, The Michigan Medical Law Report, Vol. 5, No. 3, Fall 2009.

"Changes to HIPAA Privacy and Security Rules Resulting from the HITECH Act," co-author Amy K. Fehn, Michigan Business Law Journal, Summer 2009.

"The Medicaid Integrity Program: A New Risk Area for Providers," by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 5, No. 2, Summer 2009.

"Red Flags Rule Will Impact Healthcare Providers," by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 5, No. 2, Summer 2009.

" New Standards on Disruptive Behavior Require a Measured Approach," co-author Jeffrey R. Campbell, Esq., Michigan Medical Law Report, Vol. 5, No. 1, Spring 2009.

" Medicare Eases Rule on Termination of Provider Medical Records Review," by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 5, No. 1, Spring 2009.

" The 2009 Medicare Physician Fee Schedule: Medicare's Anti-Markup Rule and IDTF Enrollment Requirements for Mobile Imaging", by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 4, Winter 2009.

" Risk and Compliance Practices for Nursing Facilities", by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 4, Winter 2009.

" BCBSM Recognizes the AAHC's Early Option Survey for ASF Participation", by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 3, Fall 2008.

" A Few Minor Billing Errors Aren't Really Going to Matter, Right? Wrong!" by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 2, Summer 2008.

" Can Medicare Take My Money?" by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No 2, Summer 2008.

" OIG Work Plan 2008: What Can Providers Expect in 2008?" by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 4, No. 1, Spring 2008.

" Laser Treatment for Dermatological Purposes: Who can perform these Procedures in Michigan?" by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 2, No. 4 Winter 2007.

" Legal Issues Impacting Physician Recruitment Relationships," by Wachler & Associates, P.C., Michigan Medical Law Report, Vol. 2, No. 4, Winter 2007.

"Third-Party Payor Audits: Impact on Physician and Healthcare Provider Clients," co-author Andrew B. Wachler, Esq., July, 2004.

"STARK II PHASE II is Here- Have You Analyzed Your Healthcare Clients' Financial Relationships?," co-author Andrew B. Wachler, Esq., July, 2004.

"OIG Issues Draft Compliance Guidance for Individual and Small Group Physician Practices," co-author Andrew B. Wachler, Esq., Health Care Weekly Review, July 19, 2000.

American Bar Association Health Law Section Publications

"Casting a Vastly Expanded Regulatory Net: Implications of the New Definition of Business Associates under HITECH," co-authored by Amy K. Fehn, Esq., The ABA Health eSource, Vol. 6, No. 3 August 2010.

"The HITECH Breach Notification Rules: Understanding the New Obligations," Andrew B. Wachler, Esq. & Amy K. Fehn, Esq. The Health Lawyer, The ABA Health Law Section, October 2009

"The Medicaid Integrity Program: Full Steam Ahead," Andrew B. Wachler, Esq. & Amy K. Fehn, Esq. The Health Lawyer, The ABA Health Law Section, August 2009.

"The 2009 Medicare Physician Fee Schedule: The Anti-Markup Rule and IDTF Developments Impacting Diagnostic Testing Services," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, Vol. 21, No. 3, February, 2009

"RAC to the Future: What Can Medicare Providers and Suppliers Expect from the Recovery Audit Contractor Program?" co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, Vol. 21, No. 2, December, 2008

"CMS Finalizes Major Stark Changes - New Physician Self-Referral Rules in the 2009 IPPS Final Rulemaking Will Require Restructuring of Many Common Healthcare Arrangements," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, October, 2008

"Stark II Phase III - The Full Picture," co-author Andrew B. Wachler, Esq., Special Edition: The Health Lawyer, The ABA Health Law Section, September, 2007.

"Stark and Anti-Kickback Protection for E-Prescribing and Electronic Health Records," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, December 2005.

"Stark II - Phase II - The Final Voyage," co-author Andrew B. Wachler, Esq., Special Edition, The Health Lawyer, The ABA Health Law Section, April, 2001.

"Final HIPAA Security Rule Allows Greater Flexibility" co-authors Andrew B. Wachler, Esq. and Amy Fehn, Esq., The Health Lawyer, The ABA Health Law Section, April 2003.

"OIG Softens its Overall Approach in Releasing the Final Compliance Guidance for Individual and Small Group Physician Practices," co-author Andrew B. Wachler, Esq., The Health Lawyer, The ABA Health Law Section, October 2000.

"OIG Issues Compliance Guidances for the Hospice Industry and Medicare+Choice Organizations," co-author Andrew B. Wachler, The Health Lawyer, The ABA Health Law Section, October, 1999.