Articles and Blogs

HHS to Extend the Comment Period for Proposed Rulemaking on Human Subjects Research Protections

[08/31/11]

Posted on August 31, 2011 in Health Law News

Published by: Hall Render

The Department of Health and Human Services (“HHS”) in coordination with the Office of Science and Technology Policy (“OSTP”) will reportedly announce on September 1, 2011, an extension to the comment period for an advanced notice of proposed rulemaking (“ANPRM”) in the Federal Register.  The ANPRM was published in the Federal Register on July 26,…Read More

Pending NLRB Decision May Have Significant Impact on Long-Term Care

[08/30/11]

Posted on August 30, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

A case currently pending before the National Labor Relations Board (NLRB), as mentioned here, is expected to be decided and released within the next few months.  This case, Specialty Healthcare and Rehabilitation of Mobile, has been pending before the Board since December of 2010, and, if decided as expected by those following the case, will…Read More

NLRB Issues Final Rule Requiring Private Employers to Post Notice of Employee Rights

[08/29/11]

Posted on August 29, 2011 in Health Law News

Written by: Stephen W. Lyman

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for Promoting…Read More

Are Hospitals Ready for Value-Based Purchasing?

[08/29/11]

Posted on August 29, 2011 in Health Law News

Published by: Hall Render

The Centers for Medicare & Medicaid Services (CMS) released its highly anticipated final rule earlier this summer1 implementing a Medicare Value-Based Purchasing Program (VBP) as required under the Patient Protection and Affordable Care Act (ACA).  VBP is just one of the many initiatives mandated by Congress in an attempt to forge a closer link between…Read More

Update on NLRB Actions

[08/29/11]

Posted on August 29, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

As Mr. Lyman pointed out last week, the National Labor Relations Board (NLRB) now requires private employers to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  A recent New York Times article on this new requirement discusses an upcoming decision by the NLRB that is expected to address unionization of…Read More

HHS Issues Final Rule Updating Financial Conflict of Interest Rules for Investigators

[08/29/11]

Posted on August 29, 2011 in Health Law News

Published by: Hall Render

On August 23, 2011, the U.S. Department of Health and Human Services (“HHS”) issued the updated Final Rule on financial conflict of interest regulations for institutions applying for or receiving Public Health Service (“PHS”) funding, including from the National Institutes of Health (“NIH”).  The rule amends the 1995 PHS regulations “Responsibility of Applicants for Promoting…Read More

CMS Revises Nurse Aide Training Requirements

[08/28/11]

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

Written by: Bufford, David W.

CMS recently published a Survey & Certification Memorandum (S&C:11-35-NH) detailing progress in the implementation of Section 6121 of the Affordable Care Act (ACA).  Section 6121 of the ACA mandates enhanced nurse aide training in nursing homes.  The enhanced training focuses on two areas: 1) how to care for residents with dementia, and 2) how to…Read More

NLRB Notice Requirement Affects Long-Term Care Providers

[08/26/11]

Posted on August 26, 2011 in Long-Term Care, Home Health & Hospice

Written by: Stephen W. Lyman

The National Labor Relations Board (NLRB) just issued a final rule that will require most private employers, including those that are long-term care providers, to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  The notices must be posted by November 14, 2011.  The text of the notice is available in the…Read More