Articles and Blogs

Year: 2011

Medicare’s Supervision Policy for CY 2012

[12/30/11]

Posted on December 30, 2011 in Health Law News

Published by: Hall Render

On November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) published the CY 2012 OPPS/ASC Final Rule with comment period (“Final Rule”) that established a formal process for review and reconsideration of the supervision level assigned to certain outpatient therapeutic services furnished in hospitals and critical access hospitals (“CAHs”).  The Final Rule... READ MORE

CY 2012 OPPS/ASC Final Rule: Is There a Doctor in the House? Patient Notification Rules

[12/30/11]

Posted on December 30, 2011 in Health Law News

Published by: Hall Render

Summary On November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) published the CY 2012 OPPS/ASC Final Rule with comment period (“Final Rule”).  In the Final Rule, CMS revised provider agreement regulations addressing hospital and critical access hospital (“CAH”) patient notification requirements for situations where a physician is not present in the... READ MORE

CY 2012 OPPS/ASC Final Rule: Procedure for Requesting Exception to General Prohibition on Physician-Owned Hospital Expansion

[12/30/11]

Posted on December 30, 2011 in Health Law News

Published by: Hall Render

Summary On November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) published the CY 2012 OPPS/ASC Final Rule with comment period (“Final Rule”).  The Final Rule implemented a portion of Section 6001(a) of the Affordable Care Act (“ACA”) requiring CMS to develop a process for  physician-owned hospitals  to request an exception to... READ MORE

CMS Issues New and Revised Guidance for CAHs

[12/29/11]

Posted on December 29, 2011 in Health Law News

Published by: Hall Render

Effective December 2, 2011, the Centers for Medicare and Medicaid Services (“CMS”) issued and implemented new and revised guidance in Appendix W of the Medicare State Operations Manual (“Interpretive Guidelines”) related to the Medicare Conditions of Participation for Critical Access Hospitals (“CAHs”).  Importantly, CMS issued new Interpretive Guidelines to 42 C.F.R. § 485.635(f) concerning... READ MORE

NLRB Postpones Posting Employee Rights Poster until April 30, 2012

[12/23/11]

Posted on December 23, 2011 in Health Law News

Written by:

Today, the National Labor Relations Board agreed to postpone the effective date of its Employee Rights notice-posting rule at the request of the federal court in Washington, D.C. hearing a legal challenge regarding the rule. The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the... READ MORE

NLRB Election Rule Approved Effective April 30, 2012

[12/21/11]

Posted on December 21, 2011 in Health Law News

Written by:

On December 21, 2011, the National Labor Relations Board adopted a final rule amending its election case procedures to reduce unnecessary litigation and delays. The rule will be published in the Federal Register on Thursday, December 22, 2011 and is due to take effect on April 30, 2012. The Rule Will Speed Up Union Elections This... READ MORE

Hall Render Attorney Named Young Lawyer of the Year

[12/21/11]

Posted on December 21, 2011 in Firm News

Published by: Hall Render

Hall, Render, Killian, Heath and Lyman attorney Colleen M. Powers, J.D., was named Indianapolis Bar Association’s “2011 Young Lawyer of the Year.” The Indianapolis Bar Association’s “Young Lawyer of the Year” award is given to an attorney who has demonstrated a commitment to advancing and serving the legal profession. Powers focuses her practice on... READ MORE

TRICARE Provider Affirmative Action Exemption Clears Congress

[12/20/11]

Posted on December 20, 2011 in Health Law News

Published by: Hall Render

Both the House and the Senate have now approved language in the National Defense Authorization Act, which, if it becomes law, appears to exempt TRICARE network providers from having to comply with burdensome affirmative action obligations.  (This article is a follow-up to the December 9, 2011 Employment Law News, available here.) House and Senate Versions... READ MORE

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2012 Non-Monetary Compensation to Physicians

[12/19/11]

Posted on December 19, 2011 in Health Law News

Published by: Hall Render

Executive Summary Under the Federal Stark Law, for calendar year 2012, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $373.  The dollar limit for “medical staff incidental benefits” (e.g., meals, parking, other items or incidental services that are used on the hospital’s campus) increases slightly for 2012 to less than... READ MORE

Wisconsin Legislature Alters State’s Enforcement Authority for Nursing Home Violations

[12/15/11]

Posted on December 15, 2011 in Health Law News

Published by: Hall Render

Wisconsin Act 70 makes major changes to Wisconsin Statutes that regulate nursing homes and facilities that serve individuals with developmental disabilities. Signed into law on November 16, 2011 and effective December 2, 2011, the Act benefits federally certified nursing homes in the form of reduced fines and all nursing homes and facilities serving the developmentally... READ MORE