Articles and Blogs

The Motion Picture License Corporation (MPLC) has reached an agreement with long-term care advocacy groups to exempt certain facilities from licensing fees when showing movies for residents. Under the United States Copyright Act, a “public performance” of copyrighted materials, including movies, traditionally requires a separate license.  The MPLC has reached an agreement with the... READ MORE

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

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

In response to the changes contained in the Patient Protection and Affordable Care Act (ACA) designed to address increasing lengths of stay in hospice programs, CMS added a “face-to-face encounter” requirement to the hospice certification requirements. Effective January 1, 2011, a hospice physician or nurse practitioner must have a “face-to-face” encounter with each hospice... READ MORE

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

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

Business First has announced Brian Veeneman as one of its 2011 40 Under 40 Hall, Render, Killian, Heath & Lyman attorney Brian A. Veeneman has been named one of Business First’s 40 Under 40 honorees for 2011. Since 1996, Business First has annually recognized 40 young professionals who have made significant civic contributions while... READ MORE

Recently, the Indiana State Department of Administration, on behalf of Indiana’s Family and Social Services Administration (FSSA), posted a Request for Proposals to contract with multiple attorneys for Indiana Medicaid estate recovery.  The Request for Proposals is at http://www.in.gov/idoa/proc/bids/rfp-11-84/ .  It appears Indiana plans to get much more aggressive in Medicaid estate recovery, including... READ MORE

Indiana recently enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the “Act”).  The Act is effective July 1, 2011, and is designed to eliminate multi-state jurisdictional issues and “Granny snatching” cases.  The Act is located in Indiana Code 29-3.5. Typically, the fact pattern arises when (1) an Indiana older adult resident visits... READ MORE

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