Articles and Blogs

D.C. Circuit: CMS Manuals Are Policy Statements, Not Binding Authority

[01/30/18]

Posted on January 30, 2018 in Health Law News

Published by: Hall Render

Recently, the D.C. Court of Appeals held that CMS Manual instructions are general statements of policy, which have no binding effect. Although this case involved a procedural claim, the court’s decision reminds providers that solely relying on CMS Manual instructions as guidance for Medicare coverage criteria could result in potential Medicare payment compliance issues. Background…Read More

CMS Issues Reminder for Change in Ownership Reporting

[01/30/18]

Posted on January 30, 2018 in Health Law News

Published by: Hall Render

In its recent MLN Connects for January 25, 2018, the Centers for Medicare & Medicaid Services (“CMS”) issued a reminder to providers regarding appropriate change in ownership reporting. Notification Requirements All physicians, non-physician practitioners, physician practitioner organizations and non-physician practitioner organizations are required to report any changes in ownership, as well as changes in practice…Read More

It’s EEO-1 Report Filing Season. Are You Doing It Right?

[01/29/18]

Posted on January 29, 2018 in HR Insights for Health Care

Published by: Hall Render

Employers rightfully rejoiced last summer when they learned they would not be required to include pay data on their 2017 EEO-1 report. Indeed, as we reported last August, that new and controversial requirement has been put on hold—perhaps forever. But, covered employers are still required to report workforce race/ethnicity and gender information by job category. The deadline to…Read More

Update: Wisconsin Supreme Court Treats Non-Solicitation of Employees Clause as a Restrictive Covenant

[01/26/18]

Posted on January 26, 2018 in HR Insights for Health Care

Published by: Hall Render

On January 19, 2018, in Manitowoc Co., Inc. v. Lanning, the Wisconsin Supreme Court ruled that a non-solicitation of employees (“NSE”) clause in an employment contract was covered by the state’s statute limiting the enforceability of covenants not to compete between employers and their employees. The court upheld a lower court decision, which Hall Render…Read More

Health Provider News – January 26, 2017

[01/26/18]

Posted on January 26, 2018 in Health Law News

Written by: Stephanie Coleman

NATIONAL Six things to know about CMS’ new bundled payment model The big bang is coming in health care, and it will spark the next industrial revolution Medical industry trends toward more openness after errors Hospitals’ best-laid plans upended by disaster CMS to form interagency group to review Stark Law: 4 things to know Cardiologists…Read More

Hall Render’s This Week in Washington – January 26, 2018

[01/26/18]

Posted on January 26, 2018 in Federal Advocacy

Published by: Hall Render

Congress Votes to End Government Shutdown After a three-day government shutdown, the Senate voted 81-18 on Monday to fund the government through February 8, 2018. The continuing resolution (“CR”) was then sent to the House, where it passed 266-150. President Trump subsequently signed the bill into law on January 22. The three-week CR includes a…Read More

SAMHSA Releases Additional Changes to 42 CFR “Part 2” Substance Use Disorder Confidentiality Regulations

[01/26/18]

Posted on January 26, 2018 in Health Information Technology

Published by: Hall Render

On January 3, 2018, the United States Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued final regulations (“Final Rule“)[i] intended to update and modernize the Confidentiality of Substance Use Disorder Patient Records regulations at Title 42 of the Code of Federal Regulations, Part 2 (“Part 2“).[ii] The…Read More

The D.C. Circuit Draws the Line at “Potential” Penalties Being Considered Obligations Under the False Claims Act

[01/22/18]

Posted on January 22, 2018 in False Claims Act Defense

Published by: Hall Render

In United States ex rel. Schneider v. JPMorgan Chase Bank, Nat’l Ass’n [1], the D.C. Circuit re-affirms its position that contingent penalties are not obligations under the False Claims Act (“FCA”). BACKGROUND In the initial suit[2], Relator brought a qui tam action under the FCA against mortgage loan servicer JPMorgan Chase (“Chase”), alleging, in part,…Read More

SSAE 18 Replaces SSAE 16 Data Security Audit Standard – Practical Takeaways

[01/22/18]

Posted on January 22, 2018 in Health Information Technology

Published by: Hall Render

As hospitals and health-related entities, like other businesses, continue to shift application hosting and data storage to the cloud and to third party data centers, they should consider what obligations to place on vendors that provide such hosting and data storage services to promote data security. One such obligation may be to require hosting service…Read More

Department of Labor Modifies Internship Program Guidance

[01/22/18]

Posted on January 22, 2018 in HR Insights for Health Care

Published by: Hall Render

On January 5, 2018, the Department of Labor (“DOL”) adopted a new test to determine when interns in the for-profit private sector can be excluded from minimum wage and overtime requirements under the Fair Labor Standards Act (“FLSA”) and issued a revised Fact Sheet (Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act)….Read More