Update on the Hertel & Brown Case: Guilty Pleas, Trial Outcomes, and What Therapy Clinics Need to Learn

Significant developments have occurred since the March 2025 blog on “The Hertel & Brown Case: Harsh Reminders for Therapy Clinics.” The federal case against Hertel & Brown Physical and Aquatic Therapy has reached a turning point. With guilty pleas from the owners and sentencing dates approaching, this case is no longer just about uncovering fraud; it is about what the fallout means for outpatient therapy clinics across the country. Key Developments Guilty Pleas from Leadership…

Open Payment™ Database – Is Your Organization Prepared for the June 30 Release?

June 30 marks an important milestone in healthcare transparency: The Centers for Medicare & Medicaid Services (CMS) releases updates to the Open Payments™ Database. The Open Payments™ Database houses information on payments made to physicians and teaching hospitals by drug, device, biological, and medical supply manufacturers—known as Reporting Entities. This is important because it fosters transparency of financial relationships by disclosing payments made by pharmaceutical and medical device companies to physicians.  It is a backstop…

Revised Guidance for Long-Term Care Surveyors: Important Information Regarding Third-Party Guarantees of Payment

The Centers for Medicare & Medicaid Services (CMS) has issued Memo QSO-25-14-NH, “Revised Long-Term Care (LTC) Surveyor Guidance: Significant revisions to enhance the quality and oversight of the LTC survey process,” with an effective date of April 28, 2025. One key revision pertains to the admission, transfer, and discharge agreement. In the memo, CMS clarified guidance prohibiting admission agreements from containing language that requests or requires a third-party guarantee of payment, adding examples of non-compliance.…