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Health Law News

Got Exclusivity?


Posted on October 5, 2011 in Health Law News

Written by: Erin Drummy and Gregg Wallander

A good reminder for leases between health care entities and physician groups is that under the Stark regulations, the space rented is reasonable and necessary for the legitimate business purposes of the lease and is used exclusively by the lessee (during such times when the lessee is using the space) and is not shared... READ MORE

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CMS Changes Reporting Requirements for Pension Costs Includable in the Medicare Wage Index. Transition Policy Allows Positive Adjustment for Defined Benefit Pension Plans That Were Prefunded during FYs 2007 – 2012.


Posted on September 22, 2011 in Health Law News

Published by: Hall Render

REVENUE OPPORTUNITY CMS recently announced that, beginning with the FFY 2013 Medicare Wage Index, allowable Defined Benefit Pension expenses will be based upon each hospital’s actual cash contributions to the plan over a 3-year period.  Thus, the FFY 2013 wage index will be based upon each hospital’s average funding contribution for FFYs 2008, 2009... READ MORE

Indiana’s New Restricted Access to Conviction Records Law


Posted on September 16, 2011 in Health Law News

Written by: Stephen W. Lyman

Many employers ask on their employment applications whether the applicant has ever been convicted of a felony or misdemeanor.  Often a failure to truthfully answer that question is considered to be cause for either rejecting the applicant or for a later discharge if the lie is discovered after the person is hired.  A new... READ MORE

Official NLRB Notice of Employee Rights Poster Now Available On-Line


Posted on September 15, 2011 in Health Law News

Written by: Stephen W. Lyman

In our Employment Law News article of August 29, 2011, we advised of the National Labor Relations Board’s (NLRB) new requirement that most private sector, non-governmental employers post a Notice of Employee Rights under the National Labor Relations Act.  When the NLRB made its announcement in August, the official posters were not yet available. ... READ MORE

CMS’ Bundled Payment Initiative


Posted on September 14, 2011 in Health Law News

Published by: Hall Render

On August 23, 2011, CMS invited health care providers to apply to help test and develop four different models of bundled payments. This Initiative is part of CMS’ overall effort under the Affordable Care Act to better coordinate care among providers. Unlike the criticism CMS received regarding the complexity of the Shared Savings Program,... READ MORE

No-Fault Attendance Policies and the ADA


Posted on September 6, 2011 in Health Law News

Written by: Stephen W. Lyman

There has been a significant development in how the EEOC views No-Fault Attendance Policies that fail to consider whether the reason for an absence was due to a disability.  Employers that don’t consider disability-caused absences in applying discipline can be in jeopardy under the ADA for failing to reasonably accommodate the employee’s disability by... READ MORE

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


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... READ MORE

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


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... READ MORE