Articles and Blogs

Health Law News

CMS Revises the Medicare Enrollment Application – Institutional Providers CMS-855A


Posted on July 7, 2011 in Health Law News

Published by: Hall Render

Effective July 2011, the Centers for Medicare & Medicaid Services (CMS) adopted a revised Medicare Enrollment Application – Institutional Providers CMS-855A (CMS-855A). Some of the more significant changes are set forth below in italicized text: Formerly, page 1 of the CMS-855A stated, “WHO SHOULD SUBMIT THIS APPLICATION”; the revised CMS-855A states, “WHO SHOULD COMPLETE THIS APPLICATION.”Additional... READ MORE

Advanced Diagnostic Imaging Accreditation Deadline – January 1, 2012


Posted on July 6, 2011 in Health Law News

Published by: Hall Render

Executive Summary. Section 135(a) of the Medicare Improvements for Patients and Providers Act of 2008 (“MIPPA”) amended the Social Security Act to require suppliers of the technical component (“TC”) of “advanced diagnostic imaging services” paid under the Medicare Physician Fee Schedule (“MPFS”) to become accredited by January 1, 2012.   Suppliers not fully accredited by... READ MORE

The Lexicon of Supervision: CMS Versus ACGME Defined Terms


Posted on July 5, 2011 in Health Law News

Published by: Hall Render

Background. Health care procedures and services often must be appropriately “supervised” to ensure quality of care and safety for patients. In recent years, the Centers for Medicare and Medicaid Services (“CMS”) has clarified its defined levels of supervision (general, direct and personal) applicable to the provision of hospital outpatient diagnostic and therapeutic services.  Under... READ MORE

CMS Proposes to Rescind Signature Requirement on Lab Requisitions


Posted on July 1, 2011 in Health Law News

Published by: Hall Render

On June 30, 2011, CMS published a Proposed Rule (“Proposed Rule”) to retract the November 29, 2010 Medicare Physician Fee Schedule Final Rule (“Final Rule”) that required a physician’s or non-physician practitioner’s (“NPP”) signature on all paper requisitions for clinical diagnostic laboratory tests paid on the basis of the Clinical Laboratory Fee Schedule.  CMS... READ MORE

New Indiana Laws Affecting Employment


Posted on July 1, 2011 in Health Law News

Written by: Stephen W. Lyman

The year is half over, and there have been many developments in the employment and labor field that have us all talking and wondering what lies ahead.  The Supreme Court has made several rulings that will have a significant impact on employment litigation.  Most recent is the Wal-Mart decision that put an end to... READ MORE

NLRB Proposes New Rules Affecting Union Elections


Posted on June 21, 2011 in Health Law News

Written by: Stephen W. Lyman

This morning, the National Labor Relations Board (Member Hayes dissenting) proposed reforms of the procedures it follows prior and subsequent to conducting a secret ballot election to determine if employees in the private sector wish to be represented for purposes of collective bargaining. The proposed amendments are intended to reduce unnecessary litigation, streamline pre-... READ MORE

CMS Final Rule to Adjust Medicaid Payment for Provider-Preventable Conditions Including Health Care-Acquired Conditions


Posted on June 20, 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. Executive Summary Effective July 1, 2011, the  Centers for Medicare and Medicaid Services  (“CMS”) will prohibit Medicaid payments for medical... READ MORE

IRS Announces that Part V, Section B of Form 990 Schedule H will be Optional for Tax-Exempt Hospitals for Tax Year 2010


Posted on June 13, 2011 in Health Law News

Published by: Hall Render

On June 9, 2011, the Internal Revenue Service (“IRS”) released Announcement 2011-37 (“Announcement”) indicating the entire Part V, Section B (“Part V.B”) of Schedule H to the Form 990 will be optional for tax-exempt hospitals filing for the 2010 tax year.  Tax-exempt hospitals are still expected to complete all other parts of Schedule H,... READ MORE


NLRB Rules Union’s 16-foot Inflatable Rat Outside Hospital is Lawful


Posted on May 31, 2011 in Health Law News

Written by: Stephen W. Lyman

The National Labor Relations Board, in a 3 to 1 decision last week, ruled that a union’s use of a 16-foot high and 12-foot wide inflatable rat balloon on public property outside of a hospital’s main vehicle entrance was lawful and not prohibited secondary boycott activity. This case began in 2003 when the Sheet... READ MORE