Articles and Blogs

Year: 2011

NLRB Proposes New Rules Affecting Union Elections

[06/21/11]

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

[06/20/11]

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

[06/13/11]

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

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

[05/31/11]

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

New Proposed Regulations Regarding Accounting of Disclosures under the HITECH Act

[05/31/11]

Posted on May 31, 2011 in Health Law News

Published by: Hall Render

Today, the Department of Health and Human Services (“HHS”) formally published its proposed regulations implementing changes to the Accounting of Disclosures provisions under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  The proposed regulations arise from requirements in the Health Information Technology for Economic and Clinical Health Act (“HITECH”), passed as part... READ MORE

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A New Era of Fraud Enforcement and Outreach – Government Health Care Fraud Prevention Summits, Webcasts and Tweets

[05/26/11]

Posted on May 26, 2011 in Health Law News

Published by: Hall Render

Ushering in a new era of fraud enforcement, the Department of Health and Human Services (HHS), the Office of Inspector General (OIG) and the Department of Justice (DOJ) have been hosting a series of summits, webcasts and tweets on health care fraud prevention. A national Health Care Fraud Prevention and Enforcement Action Team (HEAT)... READ MORE

Form I-9 Employee Eligibility Verification – Help is Now Online

[05/23/11]

Posted on May 23, 2011 in Health Law News

Written by: Stephen W. Lyman

By law, U.S. employers must verify the identity and employment authorization for every worker they hire, regardless of the employee’s immigration status. To comply with the law, employers must complete Form I-9. Last week, the U.S. Citizenship and Immigration Services (USCIS)  launched I-9 Central, a new online resource center dedicated to Form I-9, Employee... READ MORE

Keeping Track of Wages: The U.S. Labor Department Has an App for That!

[05/10/11]

Posted on May 10, 2011 in Health Law News

Written by: Stephen W. Lyman

A new free timesheet application to help ensure workers receive all wages earned has been issued and may lead to more wage and hour litigation. The U.S. Department of Labor yesterday announced the launch of its first application for smartphones, a timesheet to help employees independently track the hours they work and determine the... READ MORE

CMS Publishes Final Rule Permitting an Optional and Streamlined Process for Credentialing and Privileging Telemedicine Practitioners

[05/10/11]

Posted on May 10, 2011 in Health Law News

Published by: Hall Render

Executive Summary On May 5, 2011, the Centers for Medicare & Medicaid Services (“CMS”) published a Final Rule revising the hospital and critical access hospital (“CAH”) Conditions of Participation (“COPs”) governing the credentialing and privileging of telemedicine1 practitioners (“Final Rule”).  The Final Rule, effective July 5, 2011, will permit hospitals and CAHs contracting with... READ MORE

New Wave of OIG Hospital Audits Targets Perceived Error-Prone Billing Issues

[05/04/11]

Posted on May 4, 2011 in Health Law News

Published by: Hall Render

We understand that the Office of Inspector General (“OIG”) Office of Audit Services currently is in the process of sending numerous Contact Letters to hospitals across the country in an effort to determine hospital levels of compliance with Medicare billing requirements.  As part of this audit, the OIG plans to review “known areas of... READ MORE