Articles and Blogs

Supreme Court Finds Circuit Split “Wholly Groundless”

[01/09/19]

Posted on January 9, 2019 in Health Law News

Published by: Hall Render

In Justice Kavanaugh’s first written opinion since he joined the Supreme Court, he addressed one of the most common disputes associated with arbitration agreements: who decides what issues should be arbitrated? In Henry Schein, et al. v Archer & White and Sales, Inc.,¹ the Supreme Court held that it is the arbitrator, not the court, who…Read More

NPDB Provides New Guidance

[01/09/19]

Posted on January 9, 2019 in Health Law News

Published by: Hall Render

In October of 2018, the National Practitioner Data Bank (“NPDB”) revised the NPDB Guidebook to provide additional guidance on a number of issues. Some of the revisions will be welcomed by the health care industry, but others do not provide as much additional clarity on issues as might be desired. Following is a discussion of the…Read More

Hall Render’s This Week in Washington – January 4, 2019

[01/04/19]

Posted on January 4, 2019 in Federal Advocacy

Published by: Hall Render

Government Shutdown Looms Even as House Passes Funding Provision This week, Congress returned from its holiday break for a limited schedule of business as lawmakers were sworn in for the 116th session of Congress. On Thursday evening, the House passed (241-190) a measure to fully fund the government agencies that have been shut down since…Read More

Brrr! New Consumer Credit Freeze Rights Trigger Updates to Employers’ FCRA Disclosure Forms

[01/04/19]

Posted on January 4, 2019 in HR Insights for Health Care

Published by: Hall Render

As you are likely aware, employers who use third parties to perform background checks (e.g., driving record, credit reports, criminal background, etc.) must comply with the Fair Credit Reporting Act (“FCRA”) rules in that regard, including providing the subject consumers (applicants and employees) with notice of their rights. You may not be aware that those…Read More

Michigan’s Adult-Use Recreational Marijuana Law Takes Effect

[01/04/19]

Posted on January 4, 2019 in HR Insights for Health Care

Published by: Hall Render

After a successful ballot initiative in the fall of 2018, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) became effective on December 6. In essence, the law permits adults age 21 and older to possess and use marijuana for recreational purposes (within certain limits) and provides for the regulation and taxation of marijuana and…Read More

Health Provider News – January 4, 2019

[01/04/19]

Posted on January 4, 2019 in Health Law News

Published by: Hall Render

NATIONAL 12 hospital construction projects worth $1B or more in 2018 Amazon gets into health insurance — and more 2019 health-tech predictions from top experts How Northwell Health and Ascension executed massive rebranding campaigns and what other health systems can learn Hospitals hike minimum wage in geographic clusters Healthcare accounted for bigger portion of 2018…Read More

CMS Targets Inadequate Registered Nurse Staffing in Skilled Nursing Facilities – More Weekend Surveys and F-Tag Directive

[12/31/18]

Posted on December 31, 2018 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

On November 30, 2018, CMS issued a Memorandum to State Survey Agency Directors (QSO-19-02-NH), announcing its concerns about adequate registered nurse staffing in skilled nursing facilities and that it will provide CMS Regional Offices and State Survey Agencies with a list of facilities with potential staffing issues to support survey activities for evaluating sufficient staffing and improving…Read More

The Granston Memo’s Effect: The DOJ Is Dismissing Meritless and Frivolous Actions

[12/27/18]

Posted on December 27, 2018 in False Claims Act Defense

Published by: Hall Render

The DOJ plans to dismiss 11 FCA lawsuits involving the new theory that patient assistance services supplied by drugmakers are unlawful kickbacks.¹ These lawsuits were brought by shell company whistleblowers backed by the National Healthcare Analysis Group (“NHCA”), a company that specializes in generating FCA cases. The 11 cases were essentially the same complaints with a different defendant….Read More

Hall Render’s This Week in Washington – December 21, 2018

[12/21/18]

Posted on December 21, 2018 in Federal Advocacy

Published by: Hall Render

Negotiations to Secure Funding and Avoid Government Shutdown Collapse At the time of this writing, the federal government is on the brink of a partial shutdown at midnight if Congress and President Trump do not come to an agreement on outstanding government funding legislation. The process began Wednesday with the Senate passing a continuing resolution…Read More

Health Provider News – December 21, 2018

[12/21/18]

Posted on December 21, 2018 in Health Law News

Published by: Hall Render

NATIONAL Federal judge rules Obama’s health care overhaul unconstitutional Amazon explored buying at-home medical test company Amy Abernethy to join FDA as principal deputy commissioner 4 biggest Anti-Kickback settlements involving hospitals in 2018 12 latest healthcare industry lawsuits, settlements Will interstate compacts turn into national licensure? What doctors need to know about MACRA’s new patient…Read More