Articles and Blogs

Wisconsin’s New Concealed Carry Law: What Are Your Rights as a Business Owner and Employer?

[07/18/11]

Posted on July 18, 2011 in Health Law News

Published by: Hall Render

The Wisconsin State Assembly recently passed a bill allowing Wisconsin residents to carry concealed weapons anywhere in the state, except as prohibited by statute or under certain other limited circumstances.  In order to lawfully carry a concealed weapon, residents must apply and be deemed eligible for a license.  A weapon, for purposes of this law, means…Read More

FASB Takes Another Look At Lease Accounting Changes

[07/11/11]

Posted on July 11, 2011 in Health Law News

Written by: Dick, Andrew A.

In February, the Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) shed additional light on their proposed rule that changes how lease agreements are treated for accounting purposes. The proposed rule, originally published in an exposure draft on August 17, 2010, treated all lease agreements as capital lease agreements for accounting purposes. The proposed rule…Read More

IRS Releases Guidance on the Community Health Needs Assessment Requirements for Tax-Exempt Hospitals

[07/11/11]

Posted on July 11, 2011 in Health Law News

Published by: Hall Render

On July 7, 2011, the Treasury Department and the Internal Revenue Service (“IRS”) released Notice 2011-52 (“Notice”) to address the community health needs assessment (“CHNA”) requirements described in section 501(r)(3) of the Internal Revenue Code (the “Code”). These CHNA requirements apply to hospital organizations that are, or seek to be, recognized as tax-exempt under Code…Read More

Michigan Begins Medicaid Estate Recovery

[07/08/11]

Posted on July 8, 2011 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

Michigan’s Department of Community Health will enforce Michigan’s Medicaid Asset Recovery Act (MCL Sec. 400.112g) with efforts starting July 1, 2011.  Michigan may file claims in the probate estates of individuals age 55 or older who received Medicaid benefits that paid for long term care services after September 30, 2007.   Michigan’s claim would seek reimbursement…Read More

Federal Trade Commission Revises Premerger Notification Rules and Report Form

[07/08/11]

Posted on July 8, 2011 in Health Law News

Published by: Hall Render

The Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, announced on July 7, 2011 revisions to the Hart-Scott-Rodino Premerger Notification Rules.1 The new Rules expand the categories of documents to be produced, delete certain data requests and make several ministerial changes, all in an effort to focus the…Read More

CMS Issues Revised CMS-855A

[07/07/11]

Posted on July 7, 2011 in Long-Term Care, Home Health & Hospice

Written by: Brian D. Jent

Effective July 2011, the Centers for Medicare & Medicaid Services (CMS) adopted a revised Medicare Enrollment Application – Institutional Providers CMS-855A (CMS-855A).  Some of the more significant changes include a couple of additonal documentation requirements, significant changes to the ownership disclosure requirements, and an attachment for Physician-Owned Hospitals. The CMS-855A has been significantly reformatted which should…Read More

Hospice Contracts With Assisted Living Facilities

[07/07/11]

Posted on July 7, 2011 in Long-Term Care, Home Health & Hospice

Written by: Selby, Todd J.

When the new hospice Conditions of Participation (CoPs) became effective in Decmeber of 2008 there was a provision in the CoPs stating a hospice must have an agreement with a nursing home if the hospice provides services in the nursing home.  While it was a standard business practice for hospices to have agreements with nursing homes prior to…Read More

CMS Revises the Medicare Enrollment Application – Institutional Providers CMS-855A

[07/07/11]

Posted on July 7, 2011 in Health Law News

Published by: Hall Render

Effective July 2011, the Centers for Medicare & Medicaid Services (CMS) adopted a revised Medicare Enrollment Application – Institutional Providers CMS-855A (CMS-855A). Some of the more significant changes are set forth below in italicized text: Formerly, page 1 of the CMS-855A stated, “WHO SHOULD SUBMIT THIS APPLICATION”; the revised CMS-855A states, “WHO SHOULD COMPLETE THIS APPLICATION.”Additional instructions…Read More

Some Long-Term Care Facilities Exempt from Movie Licensing Fees under Agreement

[07/06/11]

Posted on July 6, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Motion Picture License Corporation (MPLC) has reached an agreement with long-term care advocacy groups to exempt certain facilities from licensing fees when showing movies for residents. Under the United States Copyright Act, a “public performance” of copyrighted materials, including movies, traditionally requires a separate license.  The MPLC has reached an agreement with the American…Read More

Advanced Diagnostic Imaging Accreditation Deadline – January 1, 2012

[07/06/11]

Posted on July 6, 2011 in Health Law News

Published by: Hall Render

Executive Summary. Section 135(a) of the Medicare Improvements for Patients and Providers Act of 2008 (“MIPPA”) amended the Social Security Act to require suppliers of the technical component (“TC”) of “advanced diagnostic imaging services” paid under the Medicare Physician Fee Schedule (“MPFS”) to become accredited by January 1, 2012.   Suppliers not fully accredited by the…Read More