Articles and Blogs

Changes to Cap-Exempt Status for Teaching Hospitals

[02/21/11]

Posted on February 21, 2011 in Health Law News

Published by: Hall Render

Executive Summary For several years, United States Citizenship and Immigration Services (“USCIS”) has taken the position that teaching hospitals are exempt from the annual H-1B cap on the basis of affiliation agreements with institutions of higher education where clinical training for students is provided onsite at the hospital.  With increasing frequency, USCIS is now taking…Read More

Interpretive Guidelines for Hospital Anesthesia Services – Revision Redux!

[02/18/11]

Posted on February 18, 2011 in Health Law News

Published by: Hall Render

Executive Summary After making significant revisions to the Hospital Conditions of Participation Interpretive Guidelines for Anesthesia Services (“Interpretive Guidelines”) only thirteen months ago, CMS has once again revisited and revised the Interpretive Guidelines. An advance copy of the newly revised Interpretive Guidelines was published January 14, 2011 and was effective immediately. The Interpretive Guidelines include…Read More

OFCCP Clarifies When Hospitals Must Comply with Affirmative Action

[02/11/11]

Posted on February 11, 2011 in Health Law News

Published by: Hall Render

Executive Summary The Office of Federal Contract Compliance Programs (OFCCP) recently issued an administrative directive designed to clarify its position as to when health care providers are considered federal contractors or subcontractors subject to affirmative action obligations. The directive, which does not have the force of law, sets forth OFCCP’s own opinions and provides examples…Read More

NLRB Settles Facebook Case and also Expands Individual Employee Protections

[02/09/11]

Posted on February 9, 2011 in Health Law News

Published by: Hall Render

Two developments from the NLRB in the past week are of great significance for all private employers, whether or not a union is involved. These developments both involve individual employee rights to engage in concerted activity free of employer interference. Facebook Criticism of Supervision Leads to Litigation – and Settlement The NLRB’s famous “Facebook Case”…Read More

CMS Issues Proposed Rule Requiring Providers and Suppliers to Notify Medicare Beneficiaries of Right to Access QIOs and State Survey Organizations

[02/04/11]

Posted on February 4, 2011 in Health Law News

Published by: Hall Render

Executive Summary  The Centers for Medicare and Medicaid Services (“CMS”) has proposed a new rule requiring certain categories of Medicare providers and suppliers (“Providers”) to formally notify Medicare beneficiaries of their right to communicate health care concerns to the local Medicare quality improvement organization (“QIO”) and/or to the state survey agency (“Proposed Rule”).  The Proposed…Read More

The Constitutionality of Health Care Reform?

[01/31/11]

Posted on January 31, 2011 in Health Law News

Written by: Betner, Brian C.

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.  On January 31, 2011, Senior U.S. District Judge Roger Vinson issued his much-anticipated order in favor of the…Read More

BOMA Revamps Measurement Methodology

[01/26/11]

Posted on January 26, 2011 in Health Law News

Written by: Hicks, Robert A.

If you are a tenant in a medical office building and do not appreciate the difference between “rentable” area and “usable” area you may be paying more (or less) rent for the space than what is fair and reasonable.  In May, the Building Owners and Managers Association (“BOMA”) updated its measurement methodology for office buildings. …Read More

Illinois Supreme Court Reviews Hospital-Based Property Tax Exemption

[01/26/11]

Posted on January 26, 2011 in Health Law News

Written by: Dick, Andrew A.

In 2010, a number of decisions were handed down by state courts reviewing property tax exemptions for hospitals and healthcare providers.  Out of those decisions, the opinion by the Illinois Supreme Court in Provena Covenant Medical Center v. The Department of Revenue deserves special attention. In its opinion, the Illinois Supreme Court reviewed the facts surrounding a…Read More

Supreme Court Holds Third Party Retaliation Claims Are Actionable

[01/25/11]

Posted on January 25, 2011 in Health Law News

Published by: Hall Render

Yesterday, the United States Supreme Court issued its decision in Thompson v. North American Stainless, LP, and answered in the affirmative the question of whether an employee who is terminated because of the filing of a charge of discrimination by a closely related employee may sue for retaliation under Title VII. What the Case was…Read More

Joint Commission MS.01.01.01 – March 31, 2011 Deadline – Are you in Compliance?

[01/25/11]

Posted on January 25, 2011 in Health Law News

Published by: Hall Render

As a reminder, the new Joint Commission Standard MS.01.01.01 takes effect on March 31, 2011. Hospitals that have not already initiated the revision process to ensure compliance with the new Standard should promptly do so. The Joint Commission announced its approval of revisions to MS.01.01.01 (formerly known as MS.1.20) on March 18, 2010. As part…Read More