Articles and Blogs

Illinois Supreme Court Reviews Hospital-Based Property Tax Exemption


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


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?


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”


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


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


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

Favorable Opinion Issued in Cape Cod v. Sebelius


Posted on January 14, 2011 in Health Law News

Published by: Hall Render

We are pleased to report  the D.C. Circuit Court of Appeals issued an opinion this morning in Cape Cod Hospital, et al. v. Sebelius, Case No. 09-5447, a case that impacts the IHA Rural Floor Budget Neutrality Adjustment Group Appeal Initiative.  The D.C. Circuit’s opinion vacates the district court’s grant of summary judgment in CMS’s…Read More

UPDATED – Retention of Overpayments under FERA and the ACA


Posted on January 6, 2011 in False Claims Act Defense

Written by: David B. Honig

The Fraud Enforcement Recovery Act of 2009 (“FERA”) was enacted on May 20, 2009. Among other things, FERA significantly amended the False Claims Act (“FCA”) to make it easier for whistleblowers to bring claims against Medicare and Medicaid providers and other government contractors. It also created an entirely new type of “false claim,” improper retention,…Read More