Nephrology and Dialysis Practices

MARCH 1, 2022

CMS calls for applications for second cohort of KCC Model; deadline set for Mar. 25

The Center for Medicare and Medicaid Innovation says performance period participation agreements for the CMS Kidney Care First Option and Comprehensive Kidney Care Contracting Options of the KCC Model are available for the cohort beginning Jan. 1, 2023. CMS Innovation states the applications have a term of four performance years, 2023 through 2026. A PY2023 Request for Applications and Application Instructions are available on the CMS website. The deadline for applying to the second cohort of the KCC Model is Mar. 25 and CMS doesn't anticipate are further solicitations for participation in the program.

SOURCE: CMS

FEBRUARY 8, 2022

Report: DaVita ruling in Colo. gives DOJ more latitude to pursue other anti-trust cases

Law360 states that with the refusal of a U.S. District judge in Colo. to throw out a no-poach case against DaVita and former CEO Kent Thiry, the Department of Justice (DOJ) may be emboldened to pursue other criminal cases. It's noted DOJ uses the "per se" or automatic standard in deciding which investigations to launch. The judge in Colo. concluded no-poach agreements can amount to a per se antitrust violation under the Sherman Act as they can be construed as an unreasonable restraint of trade. The DOJ is likely to use the decision in other no-poach and wage-fixing agreements, with Law360 citing a case against alleging healthcare staffing company VDA OC LLC of suppressing the wages of school nurses.

SOURCE: Law360 (sub. req.)

FEBRUARY 18, 2022

Circuit Court asked to revive FCA lawsuit against DaVita over possible unnecessary dialysis treatments

A Calif. physician wants the Ninth Circuit to allow the use of scientific studies he contends provides evidence that DaVita placed some patients on prophylactic dialysis before it was required or beneficial. The plaintiff believes one of the studies is widely accepted by medical academics but a lower court called it inconclusive and tossed out the False Claims Act suit against the dialysis provider. The physician's complaint, originally filed in 2018, suggests DaVita provided unnecessary care which was "of no medical benefit" and was possibly harmful to senior ESRD patients.

SOURCE: Law 360 (sub. req.)

Nephrology and Dialysis Practices (cont'd)

FEBRUARY 22, 2022

Fresenius CEO hints at divesting from dialysis business over pandemic impacts

While praising his company's diversified portfolio, Stephan Sturm says one business group, dialysis, was hard-hit by COVID-19. The illness is disproportionately lethal for people on dialysis, and the excess deaths among those patients during the pandemic negatively impacted the bottom line at Fresenius Medical Care (FMC). Deaths from COVID-19 are expected to wane among patients on dialysis this year but Sturm states Fresenius would entertain attractive offers for its 32% stake in FMC.

Related: Fresenius Kidney Care wins award for new home dialysis digital training platform—Fresenius Medical Care

SOURCE: Reuters

FEBRUARY 14, 2022

DaVita offering paid leave for employees who agree to become organ donors

Benefit-eligible employees of DaVita will be offered up to four consecutive weeks of paid leave for donating their kidney, liver or bone marrow. The company notes that most donors are discharged from hospital after four-to-six days but recovery at home can take longer. DaVita adds the benefit offsets concerns employees may have about lost wages or using other time off to donate an organ.

SOURCE: DaVita

FEBRUARY 16, 2022

DaVita elevates Mihran Naljayan to CMO of home modalities

Mihran Naljayan was hired by DaVita five years ago and was most recently the company's VP of clinical affairs within the home dialysis program. He replaces Martin Schreiber, who led DaVita's home dialysis program since 2014 and instituted its 11 value-based kidney care programs in Jan.

SOURCE: DaVita

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