Articles and Blogs

Year: 2012

Why a Cry Baby, a Spoiled Child and a Trouble Maker Lost Their Discrimination Case


Posted on December 4, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Complain, Complain, Complain… Two African-American nurses for some time had complained about working conditions, race discrimination and unfair treatment at their hospital.  They filed a petition with Human Resources that alleged Filipino nurses were treated better than the African-American nurses.  It was investigated but could not be corroborated.  They complained that other nurses were... READ MORE

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Peer Review Litigation Alert


Posted on December 4, 2012 in Litigation Analysis

Published by: Hall Render

On November 16, 2012, the United States District Court for the Eastern District of Michigan released an 80 page opinion granting Summary Judgment in favor of St. Mary Mercy Hospital in the case Brintley v. St. Mary Mercy et al (No. 09-cv-14014). The plaintiff was a former physician at St. Mary Mercy who had... READ MORE

Brady to Lead Ways and Means Health Subcommittee


Posted on December 3, 2012 in Health Law News

Published by: Hall Render

Hall Render has learned that Texas Republican Kevin Brady will become the new Chairman of the House Ways and Means Health Subcommitee in Washington, D.C. The 7-term representative of the 8th District northwest of Houston is currently Chairman of the Trade Subcommittee and the third most senior member of the full Ways and Means Committee.... READ MORE

This Week in Washington – November 30, 2012


Posted on November 30, 2012 in Federal Advocacy

Written by: John Williams

Hospitals Lobby Congress on Doc Fix Hospital groups were on the Hill this week lobbying members to protect their current level of Medicare reimbursements.  A recent proposal from the Medicare Payment Advisory Commission (“MedPAC”), which advises Congress on Medicare payment policy, would lower the hospital payments to the amount a physician would receive in... READ MORE

OIG Announces Record Setting Financial Recoveries Related to FY 2012 Enforcement Activities


Posted on November 30, 2012 in Health Law News

Published by: Hall Render

On November 27, 2012, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released its Fiscal Year (“FY”) 2012 Semiannual Report to Congress (“Report”) for the second half of FY 2012.  The Report describes some of the OIG’s major achievements related to the OIG’s enforcement, audit, evaluation and compliance work... READ MORE

Las Vegas Trip with Mom – Employer Rolls the FMLA Dice


Posted on November 29, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Did Daughter Really “Need to Care for” Mom in Las Vegas? A jury is going to decide the winner of this game.  Recently a district court in Illinois denied an employer’s motion for summary judgment when it fired an employee who traveled with her mother to Las Vegas in order to “care for” her terminally ill... READ MORE

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CMS Distributes Free “Hand in Hand” Toolkit to Nursing Facilities


Posted on November 29, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) will soon be distributing a free toolkit to nursing facilities, CMS Regional Offices, and State Survey Agencies. Hand in Hand is a high quality training series for nursing homes that emphasizes person-centered care for persons with dementia, as well as the prevention of abuse. Section 6121 of... READ MORE

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Heavenly Music: Music Director Is a “Minister” so Lawsuit Is Dismissed


Posted on November 27, 2012 in HR Insights for Health Care

Written by: Dana E. Stutzman

Discrimination Laws Don’t Apply to Religious “Ministers” In the realm of employment law, the “ministerial exception” prohibits the application of federal anti-discrimination laws to claims concerning the employment relationship between a religious institution and its ministers.  Exactly who qualifies as a minister under the ministerial exception is being determined by the courts on a... READ MORE

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