Articles and Blogs

21st Century Cures Act Lessens EHR Burdens on Physicians Performing Cases in ASCs

[02/21/17]

Posted on February 21, 2017 in Health Law News

Published by: Hall Render

The Cures Act addresses certain electronic health record (“EHR”) difficulties faced by physicians who practice primarily in ambulatory surgery centers (“ASCs”). Section 16003 explicitly excludes physicians who furnish substantially all of their Medicare services at ASCs from the penalties imposed under various programs for failure to adopt a certified EHR. Under the current Medicare Meaningful…Read More

Don’t Forget! HIPAA Breaches Affecting Fewer Than 500 Must Be Reported to OCR by March 1, 2017

[02/21/17]

Posted on February 21, 2017 in Health Law News

Published by: Hall Render

Under the Breach Notification Rule, HIPAA covered entities are required to submit reports of certain breaches of unsecured protected health information (“PHI”) affecting fewer than 500 individuals to the Office for Civil Rights (“OCR”) on an annual basis. Covered entities must submit their breaches electronically through OCR’s breach notification web page, which can be found…Read More

Lack of Written Agreement Fatal to Hospital Reimbursement for Medical Resident Off-Site Training; Is Your Hospital Sharing Resident Costs at Nonprovider Sites Now?

[02/20/17]

Posted on February 20, 2017 in Health Law News

Published by: Hall Render

Recently, the U.S. Court of Appeals for the District of Columbia Circuit ruled against two Michigan hospitals, holding that their written agreements regarding their medical residents’ off-site training programs failed to comply with the Centers for Medicare & Medicaid Services’ (“CMS”) requirements for graduate medical education (“GME”) reimbursement. While the laws applicable in this case…Read More

Medical Necessity Audits: Not Just a Governmental Payor Issue

[02/20/17]

Posted on February 20, 2017 in Health Law News

Published by: Hall Render

As of late, commercial payors appear to be increasing the number of audits they are conducting focused on medical necessity. The commercial payor audit notices and overpayment demands appear to rely on some of the same techniques as those of government auditors, such as data analysis for outliers, predictive modeling and extrapolation, to scrutinize claims…Read More

Employer’s “Honest Belief” Defense Remains Viable in Cases of Employee Misuse of FMLA Leave

[02/20/17]

Posted on February 20, 2017 in HR Insights for Health Care

Published by: Hall Render

Too often employers have reservations or concerns about employees’ misuse of FMLA leave and fail to act in response. A recent holding in a federal court case serves as a reminder to employers that if they have an “honest belief” that employee FMLA misuse has occurred, they may have a certain defense to retaliation claims…Read More

Hall Render’s This Week in Washington – February 17, 2017

[02/17/17]

Posted on February 17, 2017 in Federal Advocacy, Health Law News

Published by: Hall Render

House Leadership Releases Outline for ACA Reform On February 16, Republican House leadership circulated a 16-page blueprint for ACA reform. The  proposal, which was not in legislative form, is intended to provide an outline of what the House will attempt to pass by their informal deadline of April 6. The measure’s highlights include: reforming Medicaid…Read More

Fourth Circuit Says Attorney General Holds “Unreviewable Veto Power” Over Qui Tam Settlements and Sends Statistical Sampling Issue Back to the Trial Court

[02/17/17]

Posted on February 17, 2017 in False Claims Act Defense

Published by: Hall Render

The Attorney General of the United States has an unreviewable veto power over qui tam settlements, according to the Fourth Circuit’s recent published decision in United States ex rel. Michaels v. Agape Senior Community.[1] In the same decision, the court declined to decide an issue raised by the relators over the trial court’s refusal to…Read More

Indiana Property Taxes: Reminder of Exemption Application Deadline

[02/17/17]

Posted on February 17, 2017 in Health Law News

Published by: Hall Render

As a result of legislation passed by the Indiana General Assembly in 2014, two important property tax dates changed for 2016 and going forward. January 1 is the assessment  date of real and personal property for taxes due and payable in the following year (see, IC 6-1.1-2-1.5). Historically, March 1 was the assessment date for…Read More

The 21st Century Cures Act Reforms to the Mental Health System: Part 1

[02/16/17]

Posted on February 16, 2017 in Health Law News

Published by: Hall Render

Title VIII: What Does It Mean for States This is the first article in a series on the 21st Century Cures Act (the “Act”), which was signed into law on December 13, 2016, and includes significant mental health reforms and funding to help combat mental health and substance abuse disorders, in addition to other changes….Read More

Telemedicine Rule Proposed by Wisconsin Medical Examining Board in Final Stages of Review

[02/13/17]

Posted on February 13, 2017 in Health Law News

Published by: Hall Render

The Wisconsin Medical Examining Board (“MEB”), on January 27, 2017, filed with the Wisconsin Legislature a proposed administrative rule governing the practice of medicine using telemedicine (“Med 24”). Upon the completion of the legislative review and approval process and final publication by the MEB, Med 24 will delineate standards that apply to a physician providing…Read More