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Health Law News

NLRB Election Rule Approved Effective April 30, 2012

[12/21/11]

Posted on December 21, 2011 in Health Law News

Written by: Stephen W. Lyman

On December 21, 2011, the National Labor Relations Board adopted a final rule amending its election case procedures to reduce unnecessary litigation and delays. The rule will be published in the Federal Register on Thursday, December 22, 2011 and is due to take effect on April 30, 2012. The Rule Will Speed Up Union Elections This... READ MORE

TRICARE Provider Affirmative Action Exemption Clears Congress

[12/20/11]

Posted on December 20, 2011 in Health Law News

Published by: Hall Render

Both the House and the Senate have now approved language in the National Defense Authorization Act, which, if it becomes law, appears to exempt TRICARE network providers from having to comply with burdensome affirmative action obligations.  (This article is a follow-up to the December 9, 2011 Employment Law News, available here.) House and Senate Versions... READ MORE

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2012 Non-Monetary Compensation to Physicians

[12/19/11]

Posted on December 19, 2011 in Health Law News

Published by: Hall Render

Executive Summary Under the Federal Stark Law, for calendar year 2012, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $373.  The dollar limit for “medical staff incidental benefits” (e.g., meals, parking, other items or incidental services that are used on the hospital’s campus) increases slightly for 2012 to less than... READ MORE

Wisconsin Legislature Alters State’s Enforcement Authority for Nursing Home Violations

[12/15/11]

Posted on December 15, 2011 in Health Law News

Published by: Hall Render

Wisconsin Act 70 makes major changes to Wisconsin Statutes that regulate nursing homes and facilities that serve individuals with developmental disabilities. Signed into law on November 16, 2011 and effective December 2, 2011, the Act benefits federally certified nursing homes in the form of reduced fines and all nursing homes and facilities serving the developmentally... READ MORE

Congress Considers Carving Out TRICARE Providers from List of Employers That Must Comply with Affirmative Action

[12/09/11]

Posted on December 9, 2011 in Health Law News

Published by: Hall Render

Earlier this month, the Senate passed the National Defense Authorization bill (S. 1867), which contains a provision that exempts certain TRICARE network providers from jurisdiction by the Office of Federal Contract Compliance Programs (OFCCP).  If it becomes law, this provision will undo the OFCCP’s recent efforts to require health care providers that participate in... READ MORE

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IRS Announces 2012 Employee Benefit Plan Limits

[12/07/11]

Posted on December 7, 2011 in Health Law News

Written by: Tara L. Slone

The Internal Revenue Service (IRS) recently announced cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare benefit plans for 2012.  For the first time since 2009, the IRS has increased many employee benefit plan limits.  As a result, employers should update payroll and plan administration systems accordingly and review plan-related... READ MORE

CMS Clarifies Hospital Equipment Maintenance Requirements

[12/07/11]

Posted on December 7, 2011 in Health Law News

Published by: Hall Render

On December 2, 2011, the Centers for Medicare & Medicaid Services (“CMS”) issued a Program Memorandum (“Memorandum”) clarifying equipment maintenance requirements for hospitals.  More specifically, the Memorandum addresses:  (1) alternate equipment maintenance schedules that are permitted in some instances; and (2) alternative equipment maintenance methods that are not permitted. The Medicare condition of participation... READ MORE

HHS Announces HIPAA Audit Program

[12/02/11]

Posted on December 2, 2011 in Health Law News

Published by: Hall Render

The recent trend toward increased HIPAA enforcement is continuing with the recent announcement by the United States Department of Health and Human Services (“HHS”) that it would begin performing periodic audits to ensure covered entities and business associates are complying with the HIPAA Privacy and Security Rules and Breach Notification standards.  Section 13411 of... READ MORE

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IRS Releases Private Letter Ruling Addressing Management Contract with Incentive Payments Related to Net Operating Results

[11/30/11]

Posted on November 30, 2011 in Health Law News

Published by: Hall Render

On November 10, 2011, the IRS published private letter ruling 2011-45005.  This private letter ruling came to two significant conclusions: The IRS found that an incentive payment of a fixed dollar amount, payable upon achieving, among other things, a net operating surplus/deficit level, did not give rise to private business use.  (To our knowledge,... READ MORE

CMS Holds Open Door Forum for Part A to Part B Rebilling Demonstration Project

[11/30/11]

Posted on November 30, 2011 in Health Law News

Published by: Hall Render

Today, November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) held a Special Open Door Forum to announce the Part A to Part B Rebilling Demonstration Project (“Rebilling Demonstration”).  As described in greater detail below, in exchange for waiving certain appeal rights, Medicare hospitals that participate in the Rebilling Demonstration will be... READ MORE