Articles and Blogs

Year: 2013

Physician Practice Agrees to $150,000 HIPAA Settlement

[12/30/13]

Posted on December 30, 2013 in Health Law News

Published by: Hall Render

On December 26, 2013, the Department of Health and Human Services (“HHS”) announced that it reached a settlement with a Massachusetts dermatology practice (“Physician Practice”) stemming from alleged violations under the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. The settlement follows an investigation by the HHS Office for Civil Rights (“OCR”) upon... READ MORE

Tags:

Changes to EHR Donation Regulations May Affect Your EHR Donation Arrangement

[12/27/13]

Posted on December 27, 2013 in Health Information Technology

Published by: Hall Render

Executive Summary On December 27, 2013, the Centers for Medicare & Medicaid Services (“CMS”) and Office of Inspector General (“OIG”) published final rules that amend regulations commonly known as the “EHR Donation Regulations.”  The EHR Donation Regulations consist of an exception to the physician self-referral law (Stark) (42 CFR 411.357(w)) and a safe harbor... READ MORE

Tags:

Extension of EHR Donation Regulations Clear OMB for Publication

[12/24/13]

Posted on December 24, 2013 in Health Information Technology

Written by:

Regulations to extend the exception from the Stark Law and safe harbor from the Anti-Kickback Statute for the donation of electronic health records (“EHRs”) have been cleared by the Office of Management and Budget (“OMB”) and will be published on December 27.  The relevant provisions of the amendments are: (1) the exception/safe harbor for... READ MORE

Tags:

Hall Render’s This Week in Washington – December 20, 2013

[12/20/13]

Posted on December 20, 2013 in Federal Advocacy

Written by:

Bipartisan Stark Law Correction Bill Introduced On Monday, Rep. Charles Boustany (R-LA) and Rep. Ron Kind (D-WI) introduced H.R. 3776, a bill to correct the disproportionate penalties a hospital can incur under the Stark Law for having an unwritten, unsigned or lapsed agreement that is otherwise compliant with federal fraud and abuse law. The... READ MORE

NLRB Sends Hospital’s Termination out the Window and down the Drain

[12/20/13]

Posted on December 20, 2013 in HR Insights for Health Care

Written by:

Windows and Sinks and Employee Complaints  Employees have a right to complain about a lot of things, including windows and sinks.  When they join together to complain, an employer needs to make sure that those complaints are not factors in the decision to fire the complaining employees.  In this NLRB case, a hospital fired a... READ MORE

Tags: , , ,

Master Financing Agreement Programs: An Efficient and Cost-Effective Way to Finance Capital Expenditures

[12/20/13]

Posted on December 20, 2013 in Health Law News

Published by: Hall Render

Master Financing Agreements are a great financing tool for everyone considering tax-exempt financing and are now available in Indiana.  On December 19, 2013, the Indiana Finance Authority (the “IFA”) authorized a turn-key Master Financing Agreement program (the “MFA Program”).  MFA Programs are also available in other states and in some cases may be implemented with... READ MORE

Tags:

County Hospital Implementation Strategies: To File or Not to File?

[12/19/13]

Posted on December 19, 2013 in Health Law News

Published by: Hall Render

As 2013 winds to a close, some Indiana hospitals already have completed their first Community Health Needs Assessments (“CHNAs”) and related Implementation Strategies required under the Affordable Care Act, while others are putting the finishing touches on those documents.  Although the Internal Revenue Service (“IRS”) has clarified what most tax-exempt Hospital Organizations must do... READ MORE

Tags:

Bipartisan Stark Law Corrections Bill Introduced with Assistance from Hall Render Attorneys

[12/19/13]

Posted on December 19, 2013 in Health Law News

Published by: Hall Render

A bipartisan bill (H.R. 3776) to correct the disproportionate nature of the penalties a hospital can incur for technical violations of the Stark Law was introduced in the House of Representatives on Monday by Rep. Charles Boustany (R-LA). The measure was drafted with assistance from attorneys at Hall, Render, Killian, Heath and Lyman. Ways and... READ MORE

2014 Non-Monetary Compensation to Physicians (And Chance to Review 2013)

[12/18/13]

Posted on December 18, 2013 in Health Law News

Published by: Hall Render

Executive Summary Under the federal Stark Law, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $385 for calendar year 2014.  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) remains at less than $32 per... READ MORE