Arent Fox has significant experience advising clients regarding Medicare certification and compliance with the Medicare Conditions of Participation. We have represented clients in decertification actions, and have reviewed and drafted plans of correction to appropriately address deficiencies noted by the Centers for Medicare and Medicaid Services (CMS) and state survey agencies. A number of our attorneys also have clinical experience and a strong understanding of the operational requirements necessary to comply with Medicare regulations.
CMS increasingly relies on accrediting bodies in many health care industries, and Arent Fox lawyers have experience representing health care providers and suppliers before these various entities. We have advised health care providers on The Joint Commission (TJC) accreditation and assist clients in preparing for surveys, answering Requirements for Improvement and challenging adverse recommendations. We have successfully represented hospitals in overturning Preliminary Denial of Accreditation recommendations in appeal hearings. We have also drafted comments to proposed TJC Standards and Elements of Performance to ensure that TJC creates rules that appropriately address health care industry concerns.
Arent Fox attorneys also regularly advise clients regarding state licensing issues, and interface with state licensing agencies on a variety of matters. We advise on compliance with licensing requirements, review statements of deficiency, assist in preparing plans of correction, defend licenses in revocation actions, and represent parties in challenging or attempting to uphold agency decisions. We have also been involved in Certificate of Needs (CON) issues across the United States, and have analyzed the applicability of CON requirements to particular transactions, sought CON requirement clarifications from the responsible agencies, submitted applications, and been involved in hearings both in support of and in opposition to CON applications.