Articles and Blogs

The Lexicon of Supervision: CMS Versus ACGME Defined Terms

[07/05/11]

Posted on July 5, 2011 in Health Law News

Published by: Hall Render

Background. Health care procedures and services often must be appropriately “supervised” to ensure quality of care and safety for patients. In recent years, the Centers for Medicare and Medicaid Services (“CMS”) has clarified its defined levels of supervision (general, direct and personal) applicable to the provision of hospital outpatient diagnostic and therapeutic services.  Under those…Read More

Updates to Hospice Face-to-Face Encounters

[07/01/11]

Posted on July 1, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

In response to the changes contained in the Patient Protection and Affordable Care Act (ACA) designed to address increasing lengths of stay in hospice programs, CMS added a “face-to-face encounter” requirement to the hospice certification requirements. Effective January 1, 2011, a hospice physician or nurse practitioner must have a “face-to-face” encounter with each hospice patient…Read More

CMS Proposes to Rescind Signature Requirement on Lab Requisitions

[07/01/11]

Posted on July 1, 2011 in Health Law News

Published by: Hall Render

On June 30, 2011, CMS published a Proposed Rule (“Proposed Rule”) to retract the November 29, 2010 Medicare Physician Fee Schedule Final Rule (“Final Rule”) that required a physician’s or non-physician practitioner’s (“NPP”) signature on all paper requisitions for clinical diagnostic laboratory tests paid on the basis of the Clinical Laboratory Fee Schedule.  CMS proposed…Read More

New Indiana Laws Affecting Employment

[07/01/11]

Posted on July 1, 2011 in Health Law News

Written by: Stephen W. Lyman

The year is half over, and there have been many developments in the employment and labor field that have us all talking and wondering what lies ahead.  The Supreme Court has made several rulings that will have a significant impact on employment litigation.  Most recent is the Wal-Mart decision that put an end to a…Read More

Indiana Medicaid Estate Recovery – Indiana Ready to Get More Aggressive?

[06/29/11]

Posted on June 29, 2011 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

Recently, the Indiana State Department of Administration, on behalf of Indiana’s Family and Social Services Administration (FSSA), posted a Request for Proposals to contract with multiple attorneys for Indiana Medicaid estate recovery.  The Request for Proposals is at http://www.in.gov/idoa/proc/bids/rfp-11-84/ .  It appears Indiana plans to get much more aggressive in Medicaid estate recovery, including opening…Read More

Indiana Enacts Uniform Adult Guardianship and Protective Proceedings Act

[06/24/11]

Posted on June 24, 2011 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

Indiana recently enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the “Act”).  The Act is effective July 1, 2011, and is designed to eliminate multi-state jurisdictional issues and “Granny snatching” cases.  The Act is located in Indiana Code 29-3.5. Typically, the fact pattern arises when (1) an Indiana older adult resident visits a…Read More

NLRB Proposes New Rules Affecting Union Elections

[06/21/11]

Posted on June 21, 2011 in Health Law News

Written by: Stephen W. Lyman

This morning, the National Labor Relations Board (Member Hayes dissenting) proposed reforms of the procedures it follows prior and subsequent to conducting a secret ballot election to determine if employees in the private sector wish to be represented for purposes of collective bargaining. The proposed amendments are intended to reduce unnecessary litigation, streamline pre- and…Read More

CMS Final Rule to Adjust Medicaid Payment for Provider-Preventable Conditions Including Health Care-Acquired Conditions

[06/20/11]

Posted on June 20, 2011 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. Executive Summary Effective July 1, 2011, the  Centers for Medicare and Medicaid Services  (“CMS”) will prohibit Medicaid payments for medical treatment…Read More

IRS Announces that Part V, Section B of Form 990 Schedule H will be Optional for Tax-Exempt Hospitals for Tax Year 2010

[06/13/11]

Posted on June 13, 2011 in Health Law News

Published by: Hall Render

On June 9, 2011, the Internal Revenue Service (“IRS”) released Announcement 2011-37 (“Announcement”) indicating the entire Part V, Section B (“Part V.B”) of Schedule H to the Form 990 will be optional for tax-exempt hospitals filing for the 2010 tax year.  Tax-exempt hospitals are still expected to complete all other parts of Schedule H, including…Read More