Articles and Blogs

Warrantless Blood Draws: Wisconsin Supreme Court Splits on Constitutionality of Implied Consent When OWI Arrestee Is Unconscious

[07/16/18]

Posted on July 16, 2018 in Health Law News

Published by: Hall Render

In State v. Mitchell, 2018 WI 84, a non-precedential decision released earlier this month, the Wisconsin Supreme Court upheld an OWI conviction based on a blood draw taken when the defendant driver was literally passed out drunk. In May 2013, Sheboygan Police received a tip about a possible drunk driver. When they caught up to…Read More

Hall Render’s This Week in Washington – July 13, 2018

[07/13/18]

Posted on July 13, 2018 in Health Law News

Published by: Hall Render

CMS Releases 2019 Proposed Medicare’s Physician Fee Schedule  On July 12, the Centers for Medicare & Medicaid Services (“CMS”) announced numerous new policy proposals in a proposed rule to update payment policies, payment rates and quality provisions for services furnished under the Medicare Physician Fee Schedule (“PFS”) for 2019. The annual update reduces payments for…Read More

Health Provider News – July 13, 2018

[07/13/18]

Posted on July 13, 2018 in Health Law News

Published by: Hall Render

NATIONAL CMS gives providers another week to decide whether to jump into BPCI Advanced The biggest financial pain points hospitals feel right now: Experts weigh in 340B overhaul at the top of Congress, Azar’s mind CMS Suspends $10.4B in Risk Adjustment Payments to Payers Atul Gawande starts first day as CEO of Amazon, Berkshire Hathaway…Read More

Wisconsin Court Analyzes Relationship Between 340B and Wisconsin Medicaid Requirements in Important Overpayment Case

[07/13/18]

Posted on July 13, 2018 in Health Law News

Published by: Hall Render

On June 12, 2018, the Wisconsin Court of Appeals (“Court”) affirmed a decision by a Wisconsin circuit court and held that a family planning clinic with multiple locations in Wisconsin (“Provider”) was not required to repay the Wisconsin Department of Health Services (“DHS”) a total of $185,074.80 related to Medicaid fee-for-service claims submitted for prescription…Read More

CMS Updates Requirements to Reduce Legionella Risk in Health Care Facility Water Systems and Identifies Surveyor Expectations – Review of Policies and Procedures Required

[07/12/18]

Posted on July 12, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On July 6, 2018, the Survey and Certification Group at the Centers for Medicare & Medicaid Services (“CMS”) revised its memorandum, “Requirement to Reduce Legionella Risk in Healthcare Facility Water Systems to Prevent Cases and Outbreaks of Legionnaires’ Disease (LD)” (“S&C Memo”), that requires that facilities develop and follow policies and procedures that inhibit microbial…Read More

Health Care Industry Still Being Targeted in Class/Collective Action Wage and Hour Litigation

[07/12/18]

Posted on July 12, 2018 in HR Insights for Health Care

Published by: Hall Render

A multi-facility health care employer, with subsidiary facilities in Pennsylvania and New Jersey, has been named in a class/collective action lawsuit filed in Pennsylvania federal court for allegedly failing to pay its employees adequate overtime under both federal and state wage and hour laws. Plaintiff’s Allegations The plaintiff, a non-exempt (i.e., hourly) medical lab technician…Read More

Health Provider News – July 6, 2018

[07/06/18]

Posted on July 6, 2018 in Health Law News

Published by: Hall Render

NATIONAL Feds boast largest healthcare fraud takedown ever at $2B in false claims GAO: 340B hospitals, contract pharmacies need more oversight CMS to waive MACRA’s alternative payment model requirements for Medicare Advantage under test CMS: Doctors, hospitals received $8.4B in payments from drug companies last year AHA urges CMS to expand start dates for BPCI…Read More

CMS Removes Compliance Training Requirements for Downstream Providers Under Medicare Advantage and Part D

[07/05/18]

Posted on July 5, 2018 in Health Law News

Published by: Hall Render

The Centers for Medicare & Medicaid Services (“CMS”) recently enacted a Final Rule removing certain compliance training requirements previously applicable to first tier, downstream and related entities (“FDRs”) of Medicare Advantage and Part D Plan Sponsors (“Plan Sponsors”). Specifically, beginning in plan year 2019, health care providers that participate in Medicare Advantage and Part D…Read More

This Week in Washington – June 29, 2018

[06/29/18]

Posted on June 29, 2018 in Health Law News

Published by: Hall Render

Senate Seeks Solutions on Reducing Health Care Costs On June 27, the Senate Health, Education, Labor and Pensions Committee held a hearing on how to reduce health care costs, which will examine administrative costs and waste, how to improve transparency, private sector solutions and other issues. Both Chairman Lamar Alexander (R-TN) and Ranking Member Patty…Read More

Wisconsin Supreme Court Upholds Constitutionality of Medical Malpractice Noneconomic Damages Cap

[06/29/18]

Posted on June 29, 2018 in Health Law News

Published by: Hall Render

On June 27, 2018, the Wisconsin Supreme Court (the “Court”) upheld the constitutionality of a state statute that establishes a $750,000 cap on medical malpractice noneconomic damages as part of Wisconsin’s unique medical liability system that also guarantees payment of all of a proper claimant’s economic damages. In Mayo v. Wis. Injured Patients and Families…Read More