Hall, Render, Killian, Heath & Lyman : If it's Health Care, we will be there.

Medical Leave Up? Ask for More Says the EEOC

Tue, 21 May 2013 11:55:11 -0400

Your Leave Is Up – Sorry but You’re Fired Many employers have medical leave policies. Most of those policies allow leave for a maximum duration often three to six months or even up to a year. The FMLA, of course, guarantees job protection for 12 weeks. But what is an

The Milwaukee Office of Hall Render Named One of Top Workplaces

Mon, 20 May 2013 00:00:01 -0400

The Milwaukee office of Hall Render has recently been selected as one of the top workplaces in southeastern Wisconsin by the Milwaukee Journal Sentinel. The award is based solely on employee feedback and recognizes organizations that have created exceptional places to work. To view Hall Render's listing, click here.

Filing Not Filed

Fri, 17 May 2013 17:58:35 -0400

The Court of Appeals recently held that a medical malpractice complaint is not considered filed upon mailing when a third-party commercial carrier is used to deliver the complaint to the Indiana Department of Insurance. The Plaintiff in Moryl v. Ransone et al. was the surviving spouse of a patient that

Filing Not Filed

Fri, 17 May 2013 17:58:08 -0400

Significant Changes to DSH Under Proposed 2014 IPPS Rules

Fri, 17 May 2013 14:50:43 -0400

Executive Summary On April 26, 2013 CMS released proposed rules for implementing Section 3133 of the Affordable Care Act (“ACA”). Starting in 2014, these proposed rules will begin a series of substantial reductions in Disproportionate Share Hospital (“DSH”) payments to hospitals. Most payments under the new DSH program will be

This Week in Washington – May 17, 2013

Fri, 17 May 2013 13:40:43 -0400

HHS Issues Rule on DSH Payments On May 13, CMS released a proposed rule on the health reform law’s reductions to Disproportionate Share Hospital (“DSH”) payments. The rule would temporarily shield states that have decided to expand Medicaid from deeper DSH cuts in fiscal years 2014 and 2015. The rule comes a

This Week in Washington – May 17, 2013

Fri, 17 May 2013 13:40:41 -0400

Significant Changes to DSH Under Proposed 2014 IPPS Rules

Fri, 17 May 2013 00:00:02 -0400

May 17, 2013 Significant Changes to DSH Under Proposed 2014 IPPS Rules Executive Summary On April 26, 2013 CMS released proposed rules for implementing Section 3133 of the Affordable Care Act ("ACA"). Starting in 2014, these proposed rules will begin a series of substantial reductions in Disproportionate Share Hospital ("DSH") payments to

Significant Changes to DSH Under Proposed 2014 IPPS Rules

Fri, 17 May 2013 00:00:01 -0400

Wave Goodbye to Liability Waiver Enforceability in Wisconsin

Thu, 16 May 2013 09:45:57 -0400

On April 30, 2012, the Wisconsin Court of Appeals decided Brooten v. Hickok Rehabilitation Services, LLC, No. 2012AP1940, unpublished slip opinion, further limiting the enforceability of standard liability waivers used by local businesses. The decision made clear that “negligence” or “negligent” are not “magic words rendering an exculpatory clause valid.”

Wave Goodbye to Liability Waiver Enforceability in Wisconsin

Thu, 16 May 2013 09:45:07 -0400

False Claims Act Update, May 2013

Wed, 15 May 2013 15:29:02 -0400

Three new FCA cases of interest were reported in the last few weeks. One was discussed previously on FCADefense.com in Toumey Loses Stark/FCA Case Again by Drew Howk. Another, Ulysses, Inc. v. United States[1] is yet another example of the growing trend of failed FCA counter-claims by the Government in response to

False Claims Act Update, May 2013

Wed, 15 May 2013 12:29:04 -0400

Three new FCA cases of interest were reported in the last few weeks. One was discussed previously on FCADefense.com, in Toumey Loses Stark/FCA Case Again, by Drew Howk. Another, Ulysses, Inc. v. United States[1] is yet another example of the growing trend of failed FCA counter-claims by the Government in

Hall Render Attorneys Named Distinguished Fellows of the IBF

Tue, 14 May 2013 00:00:02 -0400

Hall Render is proud to announce that attorneys Sean Fahey and Colleen Powers have been named as members of the Indianapolis Bar Foundation's Class of 2013 Distinguished Fellows. Each year, the IBF honors a handful of attorneys who use their individual talents and work together to advance justice and lead positive

Sharing the Load: Seventh Circuit Says Employee’s Proposed Lifting Accommodation Is “Unreasonable”

Mon, 13 May 2013 14:38:53 -0400

Earlier this year, we told you about a recent case from Kentucky in which a federal court found that it was not reasonable for a plaintiff to expect his employer to accommodate his lifting restrictions by spreading essential lifting requirements among the plaintiff’s co-workers. Just last month, a similar question

Sharing the Load: Seventh Circuit Says Employee’s Proposed Lifting Accommodation Is “Unreasonable”

Mon, 13 May 2013 14:38:42 -0400

Julie Lappas Joins the Indianapolis Office of Hall Render

Mon, 13 May 2013 00:00:03 -0400

Hall Render is pleased to announce associate attorney Julie K. Lappas, J.D., has joined the firm’s Indianapolis office. Lappas practices in Hall Render's Health practice group where she focuses on a variety of regulatory, compliance and corporate transactional matters. She counsels clients on compliance with the federal Stark Law, federal and

OIG Issues Updated Guidance for Exclusions

Fri, 10 May 2013 16:55:04 -0400

Executive Summary On May 8, 2013, the Department of Health and Human Services Office of Inspector General (“OIG”) issued an updated version of its Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (“Updated Bulletin”). In September of 1999, the OIG published its original

This Week in Washington – May 10, 2013

Fri, 10 May 2013 15:43:53 -0400

HHS Releases Hospital Price Information for Common Procedures On May 8, HHS released publicly available information about hospital charges. The data set includes information on the 100 most common inpatient procedures. The data shows that hospital fees vary widely – sometimes 10 to 20 times what Medicare normally reimburses, for the

This Week in Washington – May 10, 2013

Fri, 10 May 2013 15:43:08 -0400

Toumey Loses Stark/FCA Case Again

Fri, 10 May 2013 11:06:05 -0400

Jury verdicts in False Claims Act litigation are rare. Two in the same case are rarer still. On May 8, 2013, after just over four hours of deliberation, a jury in the Federal District Court of South Carolina returned a verdict for the Government, finding that the Tuomey Healthcare System

U.S. Customs and Border Protection Begins Implementation of Automated Form I-94

Fri, 10 May 2013 09:34:33 -0400

On Tuesday, April 30, 2013, U.S. Customs and Border Protection (“CBP”) began implementing an automated version of Form I-94, Arrival/Departure Record, at air and sea ports of entry. Form I-94 provides foreign travelers with evidence that they have been lawfully admitted to the United States, which is necessary to verify

Toumey Loses Stark/FCA Case Again

Fri, 10 May 2013 08:06:26 -0400

OIG Issues Updated Guidance for Exclusions

Fri, 10 May 2013 00:00:05 -0400

May 10, 2013 OIG Issues Updated Guidance for Exclusions Executive Summary On May 8, 2013, the Department of Health and Human Services Office of Inspector General ("OIG") issued an updated version of its Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs ("Updated Bulletin"). In September

This Week in Washington - May 10, 2013

Fri, 10 May 2013 00:00:04 -0400

May 10, 2013 HHS Releases Hospital Price Information for Common Procedures On May 8, HHS released publicly available information about hospital charges. The data set includes information on the 100 most common inpatient procedures. The data shows that hospital fees vary widely - sometimes 10 to 20 times what Medicare

U.S. Customs and Border Protection Begins Implementation of Automated Form I-94

Fri, 10 May 2013 00:00:03 -0400

May 10, 2013 U.S. Customs and Border Protection Begins Implementation of Automated Form I-94 On Tuesday, April 30, 2013, U.S. Customs and Border Protection ("CBP") began implementing an automated version of Form I-94, Arrival/Departure Record, at air and sea ports of entry. Form I-94 provides foreign travelers with evidence that

CMS Releases Clarifying FAQs on Therapy Caps and ABNs

Thu, 09 May 2013 13:43:57 -0400

Please find below the frequently asked questions (“FAQs”) the Centers for Medicare & Medicaid Services (“CMS”) recently released concerning therapy caps and advanced beneficiary notice of noncoverage (“ABNs”). Q1: How did the American Taxpayer Relief Act (“ATRA”) of 2012 (PL 112-240, January 3, 2013) affect liability provisions for services above the therapy

Indiana Repeals Inheritance Tax

Wed, 08 May 2013 00:00:07 -0400

Health Care Daily Deals: Gaining New Patients or Inviting Legal Headaches?

Wed, 08 May 2013 00:00:06 -0400

May 8, 2013 Health Care Daily Deals: Gaining New Patients or Inviting Legal Headaches? "Daily deal" websites that offer discounted products and services are becoming more and more popular among health care providers for their ability to bring in new patients and attract attention among existing patients. It is estimated that

NLRB Loses Again – Court Vacates Employee Rights Notice Posting Rule

Tue, 07 May 2013 18:23:07 -0400

Notice Posting Rule Is Struck Down Back in August 2011, the NLRB published a rule that would require private employers to post in conspicuous places a government poster intended to notify employees of their rights under the NLRA. Business groups challenged the rule, and the NLRB delayed the effective date several times.

CMS Releases Study of General Inpatient Hospice Care

Tue, 07 May 2013 14:54:11 -0400

Recently, the Centers for Medicare & Medicaid Services (“CMS”) released the results of a study of hospice general inpatient care (“GIP”) based on an analysis of Medicare Part A hospice claims for beneficiaries who received GIP in 2011. The intent was to identify suspected abuse of GIP in hospice inpatient

CMS Acknowledges Name Change for ICF/IID Professionals

Tue, 07 May 2013 14:31:56 -0400

The Centers for Medicare & Medicaid Services (“CMS”) recently released a Survey & Certification Letter acknowledging the change in nomenclature for the professionals working in Intermediate Care Facilities for Individuals with Intellectual Disabilities (“ICF/IID”). Formally known as Qualified Mental Retardation Professionals (“QMRPs”), these professionals are now Qualified Intellectual Disabilities Professionals (“QIDPs”). QIDPs are required to integrate, coordinate

FY 2014 Proposed Medicare Rate Would Increase SNF Reimbursement by $500 Million

Mon, 06 May 2013 10:42:34 -0400

The Centers for Medicare & Medicaid Services will publish the proposed fiscal year (“FY”) Medicare payment rate in the Federal Register later today. Announced last week, the proposed rate includes a 2.3% market basket increase; however, a forecast error correction and other mandated adjustments will reduce the market basket increase to 1.4%. This will

Health System Pays Close to $4 Million to Resolve Self-Disclosed Stark Violations

Mon, 06 May 2013 00:00:08 -0400

May 6, 2013 Health System Pays Close to $4 Million to Resolve Self-Disclosed Stark Violations Summary On Wednesday, May 1, 2013, the U.S. Department of Justice ("DOJ") announced that it had reached a settlement with a two-hospital, Montana-based health system ("System") arising from financial relationships between the System and a combination of

Retained Overpayments Change the FCA Ball Game

Sun, 05 May 2013 08:04:57 -0400

False Claims Act defense attorneys have been warning government contractors, particularly Medicare and Medicaid providers, of increased risks and a reduced ability to defend against whistleblower complaints since the passage of the Fraud Enforcement Recovery Act of 2009 (“FERA”). The greatest risk comes from FERA’s addition of a new kind

This Week in Washington – May 3, 2013

Fri, 03 May 2013 14:34:48 -0400

CMS Releases IPPS Proposed Rule for FY 2014 On April 26, CMS issued its Fiscal Year (“FY”) 2014 proposed rule for hospitals paid under the inpatient prospective payment system (“IPPS”). The rule would update FY 2014 Medicare payment policies and rates for inpatient stays at general acute care and long-term care

This Week in Washington - May 3, 2013

Fri, 03 May 2013 00:00:09 -0400

May 3, 2013 CMS Releases IPPS Proposed Rule for FY 2014 On April 26, CMS issued its Fiscal Year ("FY") 2014 proposed rule for hospitals paid under the inpatient prospective payment system ("IPPS"). The rule would update FY 2014 Medicare payment policies and rates for inpatient stays at general acute care

Hall Render Named One of Best Places to Work in Indiana

Fri, 03 May 2013 00:00:04 -0400

Hall Render was recently named one of the 2013 "Best Places to Work in Indiana." The firm was ranked No. 7 out of 17 organizations in the large company category. This marks the sixth consecutive year the firm has been recognized as one of the Best Places to Work in

Hall Render Detailed Check-Up: 2013 GME Update

Wed, 01 May 2013 00:00:10 -0400

May 1, 2013 Hall Render Detailed Check-Up: 2013 GME Update The graduate medical education ("GME") landscape continues to evolve, even as the basic structure of Medicare GME reimbursement remains in place. Recently, noteworthy proposals and changes include proposed legislation that would provide for 15,000 new residency positions over five years to increase

Hall Render's Practical Health - Spring 2013

Wed, 01 May 2013 00:00:02 -0400

Employment Law Briefing - May/June 2013

Wed, 01 May 2013 00:00:01 -0400

Independent Contractor or Employee? IRS Gives Employers Something to Consider

Tue, 30 Apr 2013 15:10:44 -0400

For the past several years, the Internal Revenue Service (“IRS”) has been devoting considerable attention to worker classification issues involving the misclassification of employees as independent contractors. These misclassifications are important to the IRS and the federal government because they often lead to underreporting and underpayment of taxes. Traditionally, the

Confidential Investigations – What Can Your Policy Say?

Mon, 29 Apr 2013 10:57:09 -0400

Confidentiality Requirements Challenged by the NLRB Last summer, the NLRB created another stir among private employers when it found that an employer’s form used during confidential investigations of workplace issues was unlawfully broad and interfered with employee rights. We wrote about this development in our August 7, 2012 HR Insights

Drug Testing One Employee but Not the Other – Unlawful Discrimination?

Fri, 26 Apr 2013 17:16:42 -0400

Treating Employees the Same – Always Required? Employers have always been advised to treat their employees the same, and if they don’t, it can be evidence of unlawful discrimination. This issue came up in a recent case involving an employer that required a black employee who was involved in an altercation

CMS Revises Policy as to Surveys to Be Conducted Following Complaint Investigations Resulting in Condition-Level Noncompliance

Fri, 26 Apr 2013 16:11:11 -0400

The Centers for Medicare & Medicaid Services (“CMS”) recently released a Survey and Certification letter updating the State Operations Manual (“SOM”) guidelines on surveys of deemed status long-term care (“LTC”) providers when the provider has been found to have a condition level instance of noncompliance, including immediate jeopardy (“IJ”), in

This Week in Washington – April 26, 2013

Fri, 26 Apr 2013 12:39:11 -0400

PCORI Offers Funding to Develop Research Network On April 23, the Patient-Centered Outcomes Research Institute (“PCORI”) announced funding up to $68 million in efforts to build a research network to support comparative effectiveness studies. Up to $56 million is available for eight new or existing clinical data research networks that

The Aging Workforce in Health Care: Challenges Ahead

Thu, 25 Apr 2013 15:43:59 -0400

We’re All Getting Old The U. S. Census Bureau predicts that by 2050 nearly 20 million workers or about 20% of the national workforce will be 65 or older. That represents an increase of 75% while the number of workers ages 25 to 54 is predicted to grow by only

Robert Markette Joins the Indianapolis Office of Hall Render

Tue, 23 Apr 2013 00:00:05 -0400

Hall Render is pleased to announce of counsel attorney Robert W. Markette, Jr., J.D., has joined the firm’s Indianapolis office. Markette practices in Hall Render's Health practice group where he focuses on representing home health, hospice and private duty providers in all aspects of their operations. He works with clients on

This Week in Washington – April 19, 2013

Fri, 19 Apr 2013 12:50:59 -0400

HHS Inspector General Revises Self-Disclosure Protocol On April 17, the HHS Office of Inspector General (“OIG”) released a revised self-disclosure protocol (PDF) called the OIG Provider Self-Disclosure Protocol. The protocol describes what a hospital must confide to the government in order to avoid prosecution or get a possible reduction in

Hall Render Ranked First in "Top Workplaces" for Third Consecutive Year

Mon, 15 Apr 2013 00:00:06 -0400

Hall Render is proud to announce the firm has been ranked first in the midsize company category of the Indianapolis Star's "Top Workplaces" for the third year in a row. The firm is the first company to maintain a number one ranking for three consecutive years. Hall Render also won

This Week in Washington – April 12, 2013

Fri, 12 Apr 2013 14:05:39 -0400

Obama Releases HHS Budget for FY 2014 On April 10, HHS posted a 126-page summary of President Obama’s fiscal year (“FY”) 2014 budget for the agency. The budget proposes $5.6 billion in Medicare payment cuts for FY 2014. Hospital-related cutbacks were proposed for graduate medical education, critical access hospitals and bad debt

Referral Agents Take Note: DMEPOS Round 2 Contract Winners Announced

Wed, 10 Apr 2013 16:36:22 -0400

On April 9, 2013, the Centers for Medicare & Medicaid Services (“CMS”) announced the contract winners for Round 2 of the Durable Medical Equipment, Prosthetics, Orthotics and Supplies (“DMEPOS”) Competitive Bidding Program. This article is intended to answer some frequently asked questions about the Round 2 Competitive Bidding Program and

Sequestration Cuts Impact Nursing Homes and Post-Acute Care Providers

Wed, 10 Apr 2013 13:46:46 -0400

In a transmittal issued on April 5, 2013, CMS provided guidance on survey activities that will be affected by the sequestration cuts. The transmittal provides guidance on several areas that will have an immediate and potentially negative effect on nursing homes and post-acute care providers. These changes will affect the survey process as conducted

DMEPOS Round 2 Contract Suppliers Announced

Tue, 09 Apr 2013 16:25:57 -0400

The Centers for Medicare and Medicaid Services (“CMS”) announced today the contract suppliers for Round 2 and the national mail-order program of the Medicare Durable Medical Equipment, Prosthetics, Orthotics and Supplies (“DMEPOS”) Competitive Bidding Program. As of April 9, 2013, there are 799 suppliers that have been awarded contracts in this round,

EHR Donation Period Extended

Tue, 09 Apr 2013 11:18:18 -0400

The Centers for Medicare & Medicaid Services and Department of Health and Human Services Office of Inspector General have released a set of proposed regulations that extend the existing protection from the Anti-Kickback Statute and physician self-referral law (Stark Law) for donations of electronic health records. The new regulations extend

2014 Meaningful Use Eligible Hospital Clinical Quality Measure Update Posted by CMS

Fri, 05 Apr 2013 15:54:31 -0400

The final rule for Stage 2 of Meaningful Use (“MU”) included an outline of the timeline for reviewing and publishing updates to the Clinical Quality Measure (“CQM”) specifications used in the EHR Incentive Program with the determination that the specifications should be updated more frequently than the rulemaking cycle for

ONC Seeking Comments on Data Exchange

Fri, 05 Apr 2013 15:53:45 -0400

ONC is seeking comments on how ONC and CMS policies could result in routine exchange of patient clinical data across care settings. The deadline to submit comments is April 22, 2013. Click here for more information and procedures for comment submission. Should you have questions, please contact Alisa Kuehn at

ONC Meaningful Use Resources

Fri, 05 Apr 2013 15:52:53 -0400

The ONC has made available on its website (healthit.gov) a variety of resources to assist those working toward Meaningful Use. Below are links to a few of these resources: Click here for information on attestation, tipsheets, FAQs, tools and regulations related to Meaningful Use Stage 2. Click here to access

This Week in Washington – April 5, 2013

Fri, 05 Apr 2013 12:03:10 -0400

Proposed Reporting Rule for Charity Hospitals Released On April 3, the Internal Revenue Service and Department of Treasury published a proposed rule on the health care law’s community health needs assessment requirements for charitable hospitals, related excise tax and reporting requirements, and the consequences for failing to complete them. The

OFCCP Mails Letters to “Unlucky” Companies on Audit List

Thu, 04 Apr 2013 10:49:34 -0400

OFCCP continued its courtesy of providing advance notice to companies it plans to schedule for affirmative action compliance reviews. OFCCP mailed the notices, known as Corporate Scheduling Announcement Letters (“CSALs”), on March 27, 2013. Consistent with its recent practice, the notices are addressed to the “Human Resource Director” at local

Working at Home While on FMLA – Professional Courtesy or Interference?

Thu, 04 Apr 2013 10:32:01 -0400

Often times when an employee is at home while on an approved FMLA leave, work-related questions will arise that only the employee can answer. So, the manager or a co-worker will call the employee at home and get the answer. Usually that’s not a problem – but it could be

This Week in Washington – March 29, 2013

Fri, 29 Mar 2013 12:19:01 -0400

Senate Passes FY 2014 Budget Resolution On March 23, the U.S. Senate voted 50-49 to pass a fiscal year 2014 budget resolution that would reduce Medicare spending by $275 billion over 10 years but does not include structural entitlement reforms. The $275 billion in cuts to Medicare were unspecified reductions

New FTC Guidance Addresses Social Media Advertising; Could FDA Be Next?

Thu, 28 Mar 2013 12:59:31 -0400

On March 12, the Federal Trade Commission (“FTC”) published new guidance detailing how advertising disclosures should be made online. Disclosures are necessary to qualify or limit advertising claims that would otherwise be deceptive, unfair or give misleading impressions. The FTC’s previous guidance on disclosures was issued seven years before Apple introduced

We Have to Do What?!?…It’s Only a Background Check

Wed, 27 Mar 2013 08:02:20 -0400

What Employers Need to Know about the Fair Credit Reporting Act If you use a third party to conduct background checks, then you have probably heard of the Fair Credit Reporting Act (“FCRA”). The FCRA is a federal law that imposes several very specific obligations on employers who use third

This Week in Washington – March 22, 2013

Fri, 22 Mar 2013 14:27:12 -0400

Congress Avoids Government Shutdown, Continues Work on Budget On March 20, the U.S. Senate approved a $984 billion continuing resolution (“CR”) that will fund the government through September 30, 2013, the end of the 2013 Fiscal Year. The bill is similar to the bill that passed the House earlier in

CMS Comments on Compliance, QAPI Regulations

Fri, 22 Mar 2013 13:23:01 -0400

During yesterday’s Open Door Forum, Jeanette Kranacs, the Director of the Division of Institutional Post-Acute Care for the Centers for Medicare and Medicaid Services (“CMS”) commented that CMS will not be issuing instructions to surveyors on evaluating compliance and ethics programs until the regulations have been promulgated. CMS was required to have final regulations and various tools

Final Rule Published Regarding Nursing Facility Closure Requirements

Wed, 20 Mar 2013 12:46:59 -0400

On March 19, 2013, the Centers for Medicare & Medicaid Services’ (“CMS”) Final Rule regarding notification and relocation requirements for closing a long-term care (“LTC”) facility was published in the Federal Register. Under the new requirements, 60 days prior to the closure of an LTC facility, the administrator must provide

The FCC’s Rural Health Care Program Funding Year 2013 Application Window Opens April 8

Mon, 18 Mar 2013 08:27:41 -0400

Governmental and nonprofit health care providers may begin applying for funding under the Federal Communications Commission Rural Health Care Program on Monday, April 8 for funding year 2013 (July 1, 2013 - June 30, 2014). The Rural Health Care program provides funding to governmental and nonprofit eligible health care providers for telecommunications

This Week in Washington – March 15, 2013

Fri, 15 Mar 2013 13:54:28 -0400

CMS Releases Part B Inpatient Billing Proposed Rule and Administrator’s Ruling On March 13, CMS released an administrative ruling and a proposed rule allowing Medicare to pay for additional hospital inpatient services under Medicare Part B. Specifically, the proposed rule would allow additional Part B payment when a Medicare Part A

Class Action Settlement and Potential Consultants

Thu, 14 Mar 2013 11:29:57 -0400

If you or your business accepted payment via Visa or MasterCard between January 1, 2004 and November 28, 2012, you may be eligible for a cash award as a result of a pending class action lawsuit. Additionally, you may be approached by consultants who will offer to register you for

Hall Render Celebrates 10 Years of Support for IBJ's Health Care Heroes

Fri, 08 Mar 2013 00:00:07 -0500

Hall Render recently celebrated 10 years as a proud supporter of the Indianapolis Business Journal’s Health Care Heroes event. For the past 13 years, the Health Care Heroes awards have honored companies, individuals and organizations for their contributions to improving health care in the Indianapolis area. Nearly 20 Hall Render

Possible Extension of EHR Donation Regulations

Thu, 07 Mar 2013 10:47:26 -0500

Bureau of National Affairs is reporting that CMS and the OIG have submitted proposed regulations to extend the exception from the physician self-referral law and the safe harbor under the anti-kickback statute for EHR donations. The report indicates that proposed regulations have been sumitted to the White House Office of

States Continue Consideration of Medicaid Expansion and Insurance Exchanges

Mon, 04 Mar 2013 00:00:02 -0500

This installment of Hall Render's Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization.

On February 26, 2013, Chris Christie, the Governor of New

Employment Law Briefing - March/April 2013

Fri, 01 Mar 2013 00:00:03 -0500

HITECH Final Rule - Impact on Notice of Privacy Practices

Fri, 01 Mar 2013 00:00:01 -0500

On January 25, 2013, the Department of Health and Human Services ("HHS") formally published its Omnibus Final Rule ("Final Rule"), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act ("HITECH") and the Genetic Information Nondiscrimination Act

Hall Render Attorneys Published in Becker’s Hospital Review

Tue, 26 Feb 2013 00:00:08 -0500

Attorneys Mark Garsombke and Kendra Conover recently published an article on effective data and records management programs in Becker’s Hospital Review. To read the article, click here.

FTC Issues Mobile Privacy and Security Publications

Fri, 22 Feb 2013 08:53:15 -0500

On February 1, 2013, the Federal Trade Commission (FTC) issued two publications recommending ways that key players in the mobile marketplace, such as operating system providers, application developers, advertising networks and analytics companies, can promote mobile privacy and security. The first publication, titled “Mobile Privacy Disclosures: Building Trust Through Transparency,” recommends ways to inform

ECRI Institute Publishes Top 10 Health Technology Hazards for 2013

Fri, 22 Feb 2013 08:51:08 -0500

ECRI Institute has released its list of the Top 10 Health Technology Hazards for 2013. The annual report is based on the prevalence and severity of incidents reported by health care facilities and information found in the Institute’s medical device problem reporting databases. The 2013 list, in order of ranking, is

NIST’s 2014 Testing Tools for Meaningful Use Compliance

Tue, 19 Feb 2013 09:11:02 -0500

In support of the health IT certification program, National Institute of Standards and Technology (NIST) developed the conformance test method (test procedures, test data and test tools) to ensure compliance with the meaningful use technical requirements and standards. To develop the original test method, NIST conducted an analysis of the HHS/ONC Interim

The HIPAA Final Omnibus Rule's Impact on an Individual's Rights to Access Electronically Maintained PHI

Tue, 19 Feb 2013 00:00:02 -0500

Congratulations to Hall Render Attorneys Listed in 2013 Super Lawyers

Fri, 15 Feb 2013 00:00:10 -0500

This year's Indiana Super Lawyers include: Terry Heath, Doug Long, Steve Lyman, John Render, John Ryan, Jon Spadorcia and Bill Thompson. Brian Betner and Geoff Davis were named as Indiana Rising Stars. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high

Mark Dahlby Joins the Milwaukee Office of Hall Render

Fri, 15 Feb 2013 00:00:09 -0500

Hall Render is pleased to announce associate attorney Mark R. Dahlby, J.D., has joined the firm’s Milwaukee office. Dahlby counsels health care providers, medical device manufacturers and other life sciences clients on a variety of FDA matters, compliance audits, development of policies and procedures, government investigations and structuring of related transactions.

The HIPAA Final Omnibus Rule's Impact on an Individual's Rights to Request Restrictions When Paying Out-of-Pocket

Thu, 14 Feb 2013 00:00:03 -0500

HITECH Final Rule - Implementation of GINA

Tue, 12 Feb 2013 00:00:04 -0500

HITECH Final Rule - Impact on Enforcement Rule

Thu, 07 Feb 2013 00:00:05 -0500

Employers Benefit from Delayed Effective Date of March 1, 2013 Required Notice under the Affordable Care Act

Wed, 06 Feb 2013 00:00:03 -0500

The U.S. Department of Labor ("DOL"), along with the U.S.

HITECH Final Rule - Impact on Breach Notification Rule

Mon, 04 Feb 2013 00:00:06 -0500

Insight on Estate Planning - February/March 2013

Fri, 01 Feb 2013 00:00:04 -0500

HITECH Final Rule - Impact on Business Associates (Part 2 of 2)

Thu, 31 Jan 2013 00:00:07 -0500

HITECH Final Rule - Impact on Business Associates (Part 1 of 2)

Mon, 28 Jan 2013 00:00:08 -0500

Indiana Court of Appeals: MMA Filing Fees not Required to Satisfy Statute of Limitations

Thu, 24 Jan 2013 14:10:20 -0500

A recent Court of Appeals of Indiana decision limits future defendants from using Indiana’s Medical Malpractice Act’s statute of limitations to dismiss plaintiffs’ claims. If a plaintiff sends her complaint to the Indiana Department of Insurance within the two-year statute of limitations, but fails to provide the fee until after

HHS Issues HITECH Final Rule

Fri, 18 Jan 2013 00:00:09 -0500

On January 17, 2013, the Department of Health and Human Services ("HHS") announced the issuance of the final rule (the "Rule") arising from the Health Information Technology for Economic and Clinical Health Act ("HITECH"). The Rule is scheduled to be published in the Federal Register on January 25,

Indiana Supreme Court Holds Plaintiff Forfeited Opportunity to Conduct Evidentiary Hearing to Challenge The Constitutionality of The Medical Malpractice Act

Tue, 15 Jan 2013 18:31:25 -0500

On January 15, 2013, the Indiana Supreme Court issued a 5-0 opinion authored by Justice Robert Rucker in Plank vs. Community Hospital affirming the trial court’s denial of Plank’s request for an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act concluding that Plank had forfeited his opportunity

OCR Issues Guidance Regarding HIPAA De-Identification Methods

Tue, 08 Jan 2013 00:00:10 -0500

Background

On November 26, 2012, the Office for Civil Rights ("OCR") released guidance regarding methods and approaches to achieve de-identification of protected health information ("PHI") in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Congress mandated in the American Recovery and Reinvestment Act

Employment Law Briefing - January/February 2013

Tue, 01 Jan 2013 00:00:05 -0500

To Award Or Not To Award: Prejudgement Interest Is Ultimately The Court’s Call

Fri, 21 Dec 2012 15:42:22 -0500

On December 12, 2012, the Indiana Supreme Court issued four opinions related to the broad discretion of the trial court in awarding prejudgment interest. In Indiana, the Tort Prejudgment Interest Statute (“TPIS”) (or IC § 34-51-4-1 et. seq.), was enacted to “encourage settlement and to compensate the Plaintiff for the

The Patient Protection and Affordable Care Act May Be Plaintiffs’ Foe in Personal Injury Actions

Mon, 10 Dec 2012 14:16:23 -0500

Historically, plaintiffs and defendants in personal injury actions have agreed that the value of the plaintiff’s claim is largely driven by the value of the medical expenses incurred by the plaintiff as a result of the defendant’s alleged negligence, with higher costs resulting in higher values for the plaintiff’s claim

Peer Review Litigation Alert

Tue, 04 Dec 2012 09:58:20 -0500

On November 16, 2012, the United States District Court for the Eastern District of Michigan released an 80 page opinion granting Summary Judgment in favor of St. Mary Mercy Hospital in the case Brintley v. St. Mary Mercy et al (No. 09-cv-14014). The plaintiff was a former physician at St.

Hall Render's Practical Health - Fourth Quarter 2012

Sat, 01 Dec 2012 00:00:06 -0500

THIS TRANSACTION WILL IMPROVE QUALITY Deconstructing the Ever-Present Antitrust “Defense” to Provider Consolidation PAGES 1-2 WHAT’S THE MOST EXPENSIVE ITEM ON THE CRACKER BARREL MENU? Company Pays $850,000 Fine After Failing to Report Acquisition of Cracker Barrel Stock PAGE 3 PROVIDER PRICE-FIXING: Who Brings a Price-Fixing Action and What Are the Consequences? PAGE 3 BE CAREFUL WHAT YOU SAY: The Perils of Bad

Insight on Estate Planning - Year End 2012

Thu, 01 Nov 2012 00:00:08 -0400

Employment Law Briefing - November/December 2012

Thu, 01 Nov 2012 00:00:07 -0400

No overtime for detailers, says the Supreme Court Do the job duties of pharmaceutical sales representatives, or “detailers,” qualify for overtime pay under the Fair Labor Standards Act (FLSA)? That was the question set before the U.S. Supreme Court in Christopher v. SmithKline Beecham Corp., and it answered in the negative. Nonbinding commitments According to FLSA, eligible (or “nonexempt”)

Indiana Court of Appeals Allows Plaintiff to Proceed Against a Hospital for the Actions of Independent, Non-Employed Physicians Even if Not Named as Defendants

Wed, 24 Oct 2012 10:46:28 -0400

On September 19, 2012, the Indiana Court of Appeals issued its opinion in Columbus Regional Hospital vs. Clyde Amburgey. The Court allowed plaintiff to proceed against the Hospital for the actions of physicians on staff as apparent agents even though the physicians were not named in the lawsuit. The court

Hall Render's Practical Health - Third Quarter 2012

Thu, 11 Oct 2012 00:00:09 -0400

Two years after its initial enactment, the Supreme Court issued a 5-4 decision upholding the Patient Protection and Affordable Care Act (“ACA”). The Court allowed the individual mandate to stand, holding that the mandate can reasonably be characterized as a tax, which falls within Congress’s power. The Court did strike down the requirement

Indiana Court of Appeals Reaffirms Position That Portion of Indiana Malpractice Statute of Limitations Can Be Held Unconstitutional in Some Cases

Fri, 07 Sep 2012 10:59:07 -0400

On August 10, 2012, the Indiana Court of Appeals issued its opinion in Houser v. Kaufman and held that a woman could continue her claim against the physician who delivered her 35 years before she filed her claim. Stacy Kaufman filed a proposed medical malpractice claim against the estate of

Employment Law Briefing - September/October 2012

Sat, 01 Sep 2012 00:00:10 -0400

CMS Releases Updated Medicare Shared Savings Program FAQs

Tue, 14 Aug 2012 00:00:04 -0400

August 14, 2012 This installment of Hall Render's Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization. CMS Releases Updated Medicare Shared Savings Program FAQs The Centers for Medicare

This Week in Washington 06/29/12 - Featuring Supreme Court Ruling Analysis

Fri, 29 Jun 2012 00:00:05 -0400

June 29, 2012 Future of the Affordable Care Act: The Debate Rages On... Yesterday, the Supreme Court upheld the constitutionality of the Affordable Care Act's ("ACA") individual mandate by a 5-4 majority (click here to view Hall Render's Broadcast sent 06/28/12). Yet the fate of the landmark legislation

The Supreme Court Rules that the Affordable Care Act Is Constitutional; the Individual Mandate Survives

Thu, 28 Jun 2012 00:00:06 -0400

June 28, 2012 This installment of Hall Render's Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization. The Supreme Court Rules that the Affordable Care Act Is Constitutional; the

Primary Care Physician Medicaid Payment Bump - Proposed Rule

Thu, 14 Jun 2012 00:00:07 -0400

June 14, 2012 This installment of Hall Render's Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization. Primary Care Physician Medicaid Payment Bump - Proposed Rule On May 11, 2012,

IRS Issues Guidance on $2,500 Limit for Health Flexible Spending Accounts

Wed, 06 Jun 2012 00:00:08 -0400

IRS Issues Guidance on $2,500 Limit for Health Flexible Spending Accounts The IRS recently issued Notice 2012-40 providing guidance on the $2,500 maximum annual limit on employee contributions to health flexible spending accounts ("FSAs") as set forth in the Patient Protection and Affordable Care Act (the "Act"). The

Nonprofits and Michigan Real Property Transfer Taxes

Tue, 22 May 2012 17:11:34 -0400

In Michigan, a common misconception occurs when 501(c)(3) nonprofit corporations buy and sell real property. While nonprofit 501(c)(3) corporations can be exempt from paying real property taxes while retaining title to and occupying real property in Michigan, they can be subject to a real property transfer tax at the time

501(c)(3) Hospitals: Financial Assistance and Collections Policies

Tue, 22 May 2012 00:00:09 -0400

May 22, 2012 501(c)(3) Hospitals: Financial Assistance and Collections Policies This installment of Hall Render's Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization. Under the Patient Protection and

CMS Implements "Community First Choice" Medicaid State Plan Option

Thu, 10 May 2012 00:00:10 -0400

This installment of Hall Render's Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization. CMS Implements "Community First Choice" Medicaid State Plan Option On May 7, 2012, the

Health Care Reform’s Impact On Hospital Real Estate Development

Thu, 03 May 2012 12:07:06 -0400

Part 2 of 2 If it survives the current legal challenge in the U.S. Supreme Court, the mandatory coverage aspect of the Affordable Care Act (“ACA”) will not take effect until 2014. This timing has the effect of making hospitals tentative about capital deployment in general and for real estate

Health Care Reform’s Impact On Hospital Real Estate Development

Fri, 20 Apr 2012 12:06:42 -0400

Part 1 of 2 It seems like yesterday, but we are two years into the “health care reform” era. The Affordable Care Act (“ACA”) became law in March of 2010. The primary goals of the ACA are three-fold: increase coverage, reduce the cost of care and improve the quality of

Leases that Do Not Comply with Health Laws Can Prove Costly – Detroit Medical Center Paid $30 Million in Fines to U.S. in 2011

Fri, 17 Feb 2012 11:04:30 -0500

Hall Render real estate attorneys regularly police our health care clients’ real estate contracts, particularly leases, to ensure they comply with applicable health laws. In particular, federal Stark and Anti-Kickback laws. A Michigan nonprofit hospital system’s 2011 payment of $30 million in fines for alleged health law violations demonstrates the

Health Care Real Estate Outlook Remains Strong

Wed, 01 Feb 2012 09:07:17 -0500

During the 4th quarter of 2011, Grubb & Ellis (G&E) released their investor outlook for health care properties. The report states that demand is strong and that health care properties will continue to be a reliable investment over the next decade. G&E points to a number of factors to justify