Articles and Blogs

Summary of the OIG 2012 Work Plan

[10/06/11]

Posted on October 6, 2011 in Health Law News

Published by: Hall Render

Executive Summary On October 5, 2011, the Office of Inspector General (“OIG”) published its proposed Work Plan for Fiscal Year (“FY”) 2012 (“Plan”).  The Plan, which is published annually and describes the OIG’s new and ongoing audit and enforcement priorities for the upcoming year, is helpful in identifying corporate compliance risk areas and providing focus…Read More

CMS Releases Final Rule Modifying eRx Incentive Program

[10/06/11]

Posted on October 6, 2011 in Health Law News

Published by: Hall Render

The Centers for Medicare and Medicaid Services (“CMS”) released a final rule modifying the Medicare Electronic Prescribing Incentive Program (“eRx Program”) on August 31, 2011.  The eRx Program provides an incentive to “Eligible Professionals” who adopt e-prescribing technology beginning in 2009 and a payment adjustment (or penalty) for late adopters beginning in 2012.  The 2012…Read More

Got Exclusivity?

[10/05/11]

Posted on October 5, 2011 in Health Law News

Written by: Erin Drummy and Gregg Wallander

A good reminder for leases between health care entities and physician groups is that under the Stark regulations, the space rented is reasonable and necessary for the legitimate business purposes of the lease and is used exclusively by the lessee (during such times when the lessee is using the space) and is not shared with…Read More

Initial Release of the Medicaid Program Integrity Manual

[09/28/11]

Posted on September 28, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

On September 23, 2011, the Department of Health and Human Services (DHHS) Centers for Medicare & Medicaid Services (CMS) published the initial release of the Medicaid Program Integrity Manual.  The new Manual is designed to encourage continuity and consistency within the Medicaid Integrity Program (MIP) by providing a comprehensive guide to MIP’s operations.  The Manual…Read More

CLASS Act Indefinitely Shelved

[09/22/11]

Posted on September 22, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Washington Post has reported the Community Living Assistance Services and Supports Act (the CLASS Act) has been indefinitely shelved by the Obama administration.  The CLASS Act was enacted under PPACA as a voluntary long-term care insurance program.  Since its enactment, the CLASS Act has been subject to scrutiny and criticism related to the sustainability of…Read More

CMS Changes Reporting Requirements for Pension Costs Includable in the Medicare Wage Index. Transition Policy Allows Positive Adjustment for Defined Benefit Pension Plans That Were Prefunded during FYs 2007 – 2012.

[09/22/11]

Posted on September 22, 2011 in Health Law News

Published by: Hall Render

REVENUE OPPORTUNITY CMS recently announced that, beginning with the FFY 2013 Medicare Wage Index, allowable Defined Benefit Pension expenses will be based upon each hospital’s actual cash contributions to the plan over a 3-year period.  Thus, the FFY 2013 wage index will be based upon each hospital’s average funding contribution for FFYs 2008, 2009 and…Read More

Indiana’s New Restricted Access to Conviction Records Law

[09/16/11]

Posted on September 16, 2011 in Health Law News

Written by: Stephen W. Lyman

Many employers ask on their employment applications whether the applicant has ever been convicted of a felony or misdemeanor.  Often a failure to truthfully answer that question is considered to be cause for either rejecting the applicant or for a later discharge if the lie is discovered after the person is hired.  A new Indiana…Read More

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