Articles and Blogs

Official NLRB Notice of Employee Rights Poster Now Available On-Line

[09/15/11]

Posted on September 15, 2011 in Health Law News

Written by: Stephen W. Lyman

In our Employment Law News article of August 29, 2011, we advised of the National Labor Relations Board’s (NLRB) new requirement that most private sector, non-governmental employers post a Notice of Employee Rights under the National Labor Relations Act.  When the NLRB made its announcement in August, the official posters were not yet available.  On…Read More

CMS’ Bundled Payment Initiative

[09/14/11]

Posted on September 14, 2011 in Health Law News

Published by: Hall Render

On August 23, 2011, CMS invited health care providers to apply to help test and develop four different models of bundled payments. This Initiative is part of CMS’ overall effort under the Affordable Care Act to better coordinate care among providers. Unlike the criticism CMS received regarding the complexity of the Shared Savings Program, by…Read More

CMS Interpretive Guideline Changes on Use of Feeding Tubes

[09/08/11]

Posted on September 8, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

Yesterday, CMS sent a new transmittal to the state survey agencies on the use of feeding tubes in nursing homes. In short, F321 has been combined into F322 and according the CMS the changes were made to provide nursing home surveyors with guidance to determine compliance with use of feeding tubes by nursing homes.  The…Read More

CMS Provides Guidance for Nursing Facility Gardens

[09/08/11]

Posted on September 8, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

CMS released a Survey & Certification letter today providing guidance for nursing homes that desire to utilize on-site gardens to provide fresh produce for residents. After numerous inquiries from facilities, CMS confirmed that residents can benefit from home-grown foods as long as food-borne illness dangers are mitigated to the greatest extent possible. 

No-Fault Attendance Policies and the ADA

[09/06/11]

Posted on September 6, 2011 in Health Law News

Written by: Stephen W. Lyman

There has been a significant development in how the EEOC views No-Fault Attendance Policies that fail to consider whether the reason for an absence was due to a disability.  Employers that don’t consider disability-caused absences in applying discipline can be in jeopardy under the ADA for failing to reasonably accommodate the employee’s disability by modifying…Read More

NLRB Releases Specialty Healthcare Decision

[08/31/11]

Posted on August 31, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In a 3-1 decision released yesterday, the National Labor Relations Board (NLRB) decided the Specialty Healthcare case favoring the ability of small units of employees to unionize.  Overruling the established Park Manor standard, the NLRB ruled that just the 53 CNAs at a nursing facility could organize as one collective bargaining unit.  

HHS to Extend the Comment Period for Proposed Rulemaking on Human Subjects Research Protections

[08/31/11]

Posted on August 31, 2011 in Health Law News

Published by: Hall Render

The Department of Health and Human Services (“HHS”) in coordination with the Office of Science and Technology Policy (“OSTP”) will reportedly announce on September 1, 2011, an extension to the comment period for an advanced notice of proposed rulemaking (“ANPRM”) in the Federal Register.  The ANPRM was published in the Federal Register on July 26,…Read More

Pending NLRB Decision May Have Significant Impact on Long-Term Care

[08/30/11]

Posted on August 30, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

A case currently pending before the National Labor Relations Board (NLRB), as mentioned here, is expected to be decided and released within the next few months.  This case, Specialty Healthcare and Rehabilitation of Mobile, has been pending before the Board since December of 2010, and, if decided as expected by those following the case, will…Read More

NLRB Issues Final Rule Requiring Private Employers to Post Notice of Employee Rights

[08/29/11]

Posted on August 29, 2011 in Health Law News

Written by: Stephen W. Lyman

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for Promoting…Read More

Are Hospitals Ready for Value-Based Purchasing?

[08/29/11]

Posted on August 29, 2011 in Health Law News

Published by: Hall Render

The Centers for Medicare & Medicaid Services (CMS) released its highly anticipated final rule earlier this summer1 implementing a Medicare Value-Based Purchasing Program (VBP) as required under the Patient Protection and Affordable Care Act (ACA).  VBP is just one of the many initiatives mandated by Congress in an attempt to forge a closer link between…Read More