Articles and Blogs

CMS Issues Proposed Rule Requiring Providers and Suppliers to Notify Medicare Beneficiaries of Right to Access QIOs and State Survey Organizations

[02/04/11]

Posted on February 4, 2011 in Health Law News

Published by: Hall Render

Executive Summary  The Centers for Medicare and Medicaid Services (“CMS”) has proposed a new rule requiring certain categories of Medicare providers and suppliers (“Providers”) to formally notify Medicare beneficiaries of their right to communicate health care concerns to the local Medicare quality improvement organization (“QIO”) and/or to the state survey agency (“Proposed Rule”).  The Proposed…Read More

The Constitutionality of Health Care Reform?

[01/31/11]

Posted on January 31, 2011 in Health Law News

Written by: Betner, Brian C.

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.  On January 31, 2011, Senior U.S. District Judge Roger Vinson issued his much-anticipated order in favor of the…Read More

BOMA Revamps Measurement Methodology

[01/26/11]

Posted on January 26, 2011 in Health Law News

Written by: Hicks, Robert A.

If you are a tenant in a medical office building and do not appreciate the difference between “rentable” area and “usable” area you may be paying more (or less) rent for the space than what is fair and reasonable.  In May, the Building Owners and Managers Association (“BOMA”) updated its measurement methodology for office buildings. …Read More

Illinois Supreme Court Reviews Hospital-Based Property Tax Exemption

[01/26/11]

Posted on January 26, 2011 in Health Law News

Written by: Dick, Andrew A.

In 2010, a number of decisions were handed down by state courts reviewing property tax exemptions for hospitals and healthcare providers.  Out of those decisions, the opinion by the Illinois Supreme Court in Provena Covenant Medical Center v. The Department of Revenue deserves special attention. In its opinion, the Illinois Supreme Court reviewed the facts surrounding a…Read More

Supreme Court Holds Third Party Retaliation Claims Are Actionable

[01/25/11]

Posted on January 25, 2011 in Health Law News

Published by: Hall Render

Yesterday, the United States Supreme Court issued its decision in Thompson v. North American Stainless, LP, and answered in the affirmative the question of whether an employee who is terminated because of the filing of a charge of discrimination by a closely related employee may sue for retaliation under Title VII. What the Case was…Read More

Joint Commission MS.01.01.01 – March 31, 2011 Deadline – Are you in Compliance?

[01/25/11]

Posted on January 25, 2011 in Health Law News

Published by: Hall Render

As a reminder, the new Joint Commission Standard MS.01.01.01 takes effect on March 31, 2011. Hospitals that have not already initiated the revision process to ensure compliance with the new Standard should promptly do so. The Joint Commission announced its approval of revisions to MS.01.01.01 (formerly known as MS.1.20) on March 18, 2010. As part…Read More

Hospital Not to Use the Term “Catholic”

[01/21/11]

Posted on January 21, 2011 in Health Law News

Written by: Hicks, Robert A.

Catholic owners of real estate often require, by imposition of written use restrictions in leases, deeds and recorded covenants, adherence to the Ethical and Religious Directives for Catholic Health Care Services (the “ERDs“).  The ERDs were promulgated, and are occasionally modified by, the United States Conference of Catholic Bishops.  The ERDs are  binding upon all Catholic…Read More

CMS Proposes Rule to Implement Value-Based Purchasing Program for IPPS Hospitals

[01/21/11]

Posted on January 21, 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.  Value-Based Purchasing Program – A Broad Overview On January 13, 2011, the Centers for Medicare and Medicaid Services…Read More

Supreme Court Upholds Regulation Requiring Medical Residents to Pay FICA Taxes

[01/20/11]

Posted on January 20, 2011 in Health Law News

Written by: Calvin R. Chambers

On January 11, 2011, the United States Supreme Court unanimously upheld a Treasury Department regulation that treats wages paid to medical residents as subject to FICA taxes. This decision in Mayo Foundation for Medical Education and Research v. United States, Sup. Ct. Dkt. No. 09-837 (January 11, 2011), should mark the end of many years…Read More