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The Health Lawyer - October 2019

Vol. 32 No. 1   October 2019

Featured Articles


Goodbye, RUGS! Hello, PDPM: Fundamental Changes to SNF Medicare Payment

On October 1, 2019, Medicare payments to Skilled Nursing Facilities (SNFs) began to be reimbursed under a new payment methodology called the Patient Driven Payment Model (PDPM).1 This is the first truly significant change to SNF Medicare payment methodology in more than 20 years.

Mental Health

The Supreme Court Limits Agency Deference: Implications of Kisor v. Wilkie

On June 26, 2019, in a splintered 5-4 decision, the United States Supreme Court issued its decision in the case of Kisor v. Wilkie. At issue was the fate of Auer deference (sometimes referred to as Seminole Rock deference), which is the legal doctrine expressing that a court will defer to an agency’s reasonable interpretation of its own genuinely ambiguous regulation.


Frameworks for Evaluating Life Care Plans

A life care plan, a growing factor in litigation, is an overall service or care plan that provides for goods and services to achieve best outcomes over the life expectancy of a person with a disability resulting from catastrophic injury.