Articles and Blogs

For New Cost Report Periods, PPACA Requires Direct Care Expenditure Accounting

[01/10/12]

Posted on January 10, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Under the Patient Protection and Affordable Care Act (PPACA), skilled nursing facilities (SNFs) are required to seperately report expenditures for wages and benefits for direct care staff (breaking out (at a minimum) registered nurses, licensed professional nurses, certified nurse assistants, and other medical and therapy staff).  CMS recently posted updates to the Provider Reimbursement Manual detailing…Read More

New Regulations Implemented for Independent Informal Dispute Resolution (IDR) Process for Nursing Homes

[01/10/12]

Posted on January 10, 2012 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

Effective January 1, 2012, all standard and/or complaint surveys initiated on or after January 1, 2012, that generate an enforcement action, will be subject to the new Federal requirements governing the Independent IDR process.  The State survey agency must develop a written process that will then be approved by the Centers for Medicare & Medicaid…Read More

Teaching Hospital Will Pay $115,000 for I-9 Violations

[01/09/12]

Posted on January 9, 2012 in Health Law News

Published by: Hall Render

The Department of Justice (“DOJ”) announced another I-9 settlement in which the University of California San Diego Medical Center agreed to pay a $115,000 civil penalty for improper I-9 procedures.  In addition to the civil penalty imposed, the organization must also implement new I-9 procedures, conduct I-9 training and work with the DOJ moving forward…Read More

OIG Releases Provider Compliance Videos

[01/09/12]

Posted on January 9, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In December, the Office of the Inspector General (OIG) released an initial series of videos aimed at providers that focus on compliance issues.  These videos are part of the Health Care Fraud Prevention and Enforcement Action Team (HEAT) Provider Compliance Training initiative.  Health & Human Services Inspector General Daniel Levinson stated the videos are intended…Read More

Indiana’s Right-to-Work Battle Heats Up

[01/09/12]

Posted on January 9, 2012 in Health Law News

Published by: Hall Render

January 9, 2012 Indiana’s Right-to-Work Battle Heats Up The Indiana General Assembly is “Ground Zero” in the epic battle over the so-called “Right-to-Work” legislation. So much has been written about “Right-to-Work” that it makes some sense to understand what the Indiana proposed legislation actually says. Some Background about “Right-to-Work” Most private non-governmental employers are covered…Read More

Can a Plaintiff Present Evidence that There Was a Breach in the Standard of Care at Trial When Evidence of the Breach of the Standard of Care Was Not Presented to the Medical Review Panel?

[01/06/12]

Posted on January 6, 2012 in Litigation Analysis

Published by: Hall Render

In July 2011, the Court of Appeals handed down its opinion in Campbell v. Chambers, 951 N.E.2d 855 (Ind. Ct. App. 2011). The issue in this case was whether or not a mother was precluded from presenting evidence that there was a breach in the standard of care relating to her claim for negligent infliction…Read More

Can a Parent Bring a Separate Claim for Emotional Distress after Experiencing a Stillbirth of a Child?

[01/06/12]

Posted on January 6, 2012 in Litigation Analysis

Published by: Hall Render

Recently, the parents of a stillborn baby sued the midwife, health care center[1] and hospital for wrongful death and negligent infliction of emotional distress, the Marion Superior Court in Indianapolis granted the defendants summary judgment. The Court of Appeals reversed, holding that the parents have a valid claim for negligent infliction of emotional distress and…Read More

CMS Rolls Out Independence at Home Demonstration Program: Everything Old Is New Again

[01/05/12]

Posted on January 5, 2012 in Health Law News

Published by: Hall Render

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.   Overview On December 21, 2011, CMS issued a notice soliciting applications for the Independence at Home (“IAH”) Demonstration,…Read More

CMS Revises Initial Certification Process for HHAs

[01/05/12]

Posted on January 5, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) has issued revisions to the process Home Health Agencies (HHA) must undergo prior to initial certification.  The revised process adds an additional review of enrollment criteria performed by the Regional Home Health Intermediary (RHHI) or Medicare Administrative Contractor (MAC).  

Proposed Wage Regulations for Home Care Workers

[01/04/12]

Posted on January 4, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Department of Labor published a Notice of Proposed Rulemaking in late December aimed at giving the nation’s nearly two million home care workers minimum wage and overtime protections.  These workers have long been working  under an exemption from the Fair Labor Standards Act (FLSA) as “companion” employees.