Articles and Blogs

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

NLRB Rules Union’s 16-foot Inflatable Rat Outside Hospital is Lawful

[05/31/11]

Posted on May 31, 2011 in Health Law News

Written by: Stephen W. Lyman

The National Labor Relations Board, in a 3 to 1 decision last week, ruled that a union’s use of a 16-foot high and 12-foot wide inflatable rat balloon on public property outside of a hospital’s main vehicle entrance was lawful and not prohibited secondary boycott activity. This case began in 2003 when the Sheet Metal…Read More

New Proposed Regulations Regarding Accounting of Disclosures under the HITECH Act

[05/31/11]

Posted on May 31, 2011 in Health Law News

Published by: Hall Render

Today, the Department of Health and Human Services (“HHS”) formally published its proposed regulations implementing changes to the Accounting of Disclosures provisions under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  The proposed regulations arise from requirements in the Health Information Technology for Economic and Clinical Health Act (“HITECH”), passed as part of…Read More

A New Era of Fraud Enforcement and Outreach – Government Health Care Fraud Prevention Summits, Webcasts and Tweets

[05/26/11]

Posted on May 26, 2011 in Health Law News

Published by: Hall Render

Ushering in a new era of fraud enforcement, the Department of Health and Human Services (HHS), the Office of Inspector General (OIG) and the Department of Justice (DOJ) have been hosting a series of summits, webcasts and tweets on health care fraud prevention. A national Health Care Fraud Prevention and Enforcement Action Team (HEAT) Provider…Read More

Form I-9 Employee Eligibility Verification – Help is Now Online

[05/23/11]

Posted on May 23, 2011 in Health Law News

Written by: Stephen W. Lyman

By law, U.S. employers must verify the identity and employment authorization for every worker they hire, regardless of the employee’s immigration status. To comply with the law, employers must complete Form I-9. Last week, the U.S. Citizenship and Immigration Services (USCIS)  launched I-9 Central, a new online resource center dedicated to Form I-9, Employee Eligibility…Read More

Keeping Track of Wages: The U.S. Labor Department Has an App for That!

[05/10/11]

Posted on May 10, 2011 in Health Law News

Written by: Stephen W. Lyman

A new free timesheet application to help ensure workers receive all wages earned has been issued and may lead to more wage and hour litigation. The U.S. Department of Labor yesterday announced the launch of its first application for smartphones, a timesheet to help employees independently track the hours they work and determine the wages…Read More