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Health Law News

Much Ado About Nothing … or Much Ado About Something? Obama Administration Rescinds Provider Conscience Rules

[03/29/11]

Posted on March 29, 2011 in Health Law News

Published by: Hall Render

On February 18, 2011, the Department of Health and Human Services (the “Department”) issued final regulations (the “Final Rule”) on the enforcement of the federal statutory health care provider conscience protections, rescinding most of a 2008 federal regulation designed to protect health care providers who refuse to provide certain health care services based on... READ MORE

Employer’s Warning to “Tuck in Your Shirt” Leads to Liability

[03/28/11]

Posted on March 28, 2011 in Health Law News

Published by: Hall Render

It seems that these days almost any type of complaint made by a single employee in front of others will now be protected by the federal National Labor Relations Act. The latest development involves a time share company in Las Vegas that announced a new policy requiring sales representatives to tuck in their shirts.... READ MORE

EEOC Issues Final Regulations Under the ADAAA

[03/25/11]

Posted on March 25, 2011 in Health Law News

Published by: Hall Render

Today the EEOC published in the Federal Register the Final Regulations implementing the changes made to the Americans with Disabilities Act by the ADA Amendments Act (ADAAA) that was enacted in September 2008 and became effective on January 1, 2009. The final regulations take effect on May 24, 2011. The final regulations do not... READ MORE

Important Information Regarding Payment of the Medicare Enrollment Application Fee

[03/25/11]

Posted on March 25, 2011 in Health Law News

Published by: Hall Render

As a part of the implementation of Section 6401(a) of the Affordable Care Act (ACA), on or after March 25, 2011, Medicare institutional providers of medical or other items or services and suppliers submitting a paper CMS-855A, CMS-855B or CMS-855S or any associated Internet-based Provider Enrollment, Chain and Ownership System (PECOS) enrollment application will... READ MORE

Happy Birthday Affordable Care Act

[03/23/11]

Posted on March 23, 2011 in Health Law News

Published by: Hall Render

This installment of Hall Render’s Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization.  Today is the one-year anniversary of the Affordable Care Act.  Its implementation, however, has not been a... READ MORE

CMS to Allow Eligible Providers to Delegate Registration and Attestation of Meaningful Use

[03/10/11]

Posted on March 10, 2011 in Health Law News

Published by: Hall Render

On Monday, March 7 in an update to a Frequently Asked Question (“FAQ”) on the CMS website, CMS indicated that it plans to implement functionality that will allow Eligible Providers (“EPs”) to designate a third party to register and attest to meeting the meaningful use criteria on his or her behalf under the HITECH... READ MORE

OCR Continues to Raise the Stakes with HIPAA Enforcement: Mass General Agrees to a Settlement of $1 Million for Possible Violations of the HIPAA Privacy Rule

[03/07/11]

Posted on March 7, 2011 in Health Law News

Published by: Hall Render

The U.S. Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) entered into a Resolution Agreement with General Hospital Corporation and Massachusetts General Physicians Organization, Inc., collectively known as Mass General (“Mass General”) to resolve a potential violation of the Privacy Rule of the Health Insurance Portability and Accountability Act of... READ MORE

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Federal District Court Ruling Heats Up, While President Obama Supports Legislation to Make “State Innovation Waivers” Available Three Years Earlier

[03/04/11]

Posted on March 4, 2011 in Health Law News

Published by: Hall Render

On the judicial front, you’ll recall that U.S. District Judge Roger Vinson ruled in late January that the “individual mandate” provision of the Patient Protection and Affordable Care Act (“Affordable Care Act”) was unconstitutional, and declared the rest of the Act inseverable and void.  In that ruling the Judge stopped short of issuing an... READ MORE

Supreme Court Holds Employer Liable for Supervisor’s Bias that Caused Discharge

[03/02/11]

Posted on March 2, 2011 in Health Law News

Published by: Hall Render

Yesterday the Supreme Court unanimously decided that an employer will be liable for the bias of a supervisor even when the ultimate decision maker was not personally motivated by unlawful bias. This decision has enormous consequences for human resource professionals. Now, if an adverse employment action is taken based on tainted information provided by... READ MORE

On the Fast Track: The Risks and Benefits of Compressing the Construction Schedule

[03/01/11]

Posted on March 1, 2011 in Health Law News

Written by: Daniel E. Fuchs

Many large construction projects, including hospitals and health care facilities, utilize a Fast Track project delivery process. The goal of the Fast Track method is to bring a facility from concept to reality in a fraction of the time of a normal building project. Naturally, this process provides certain benefits and risks that an... READ MORE

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