Articles and Blogs

Year: 2012

NLRB Notice Posting Rule – Court Strikes Down Enforcement Provisions, But Notice Must Still Be Posted

[03/05/12]

Posted on March 5, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

On March 2, 2012, the enforcement provisions of the NLRB’s Notice of Employee Rights posting rule were struck down by a federal district court for the District of Columbia.  The ruling let stand the overall requirement that private employers must post a Notice of Employee Rights prescribed by the NLRB on and after April... READ MORE

Pharmacies Beware, Wholesalers May Start Closely Scrutinizing Your Purchasing Habits of Controlled Substances

[03/02/12]

Posted on March 2, 2012 in Health Law News

Published by: Hall Render

On February 29, 2012, a federal judge lifted a temporary restraining order that had stopped the Drug Enforcement Agency (“DEA”) from enforcing the Immediate Suspension Order (“ISO”) it issued to Cardinal Health (“Cardinal”), a drug wholesale distributor, on February 3, 2012.  The ISO restricts Cardinal’s license to distribute controlled substances from its Lakeland, Florida... READ MORE

CMS Not to Make Changes to Current EMTALA Regulations or Policies

[03/02/12]

Posted on March 2, 2012 in Health Law News

Published by: Hall Render

On Thursday, February 2, 2012, the Centers for Medicare and Medicaid Services (“CMS”) issued in the Federal Register its decision not to propose changes to the current Emergency Medical Treatment and Labor Act (“EMTALA”) regulations.  However, in this notice CMS is seeking additional comments on the applicability of hospitals with specialized capabilities to accept... READ MORE

Hall Render’s Employment Law Briefing – March/April 2012

[03/01/12]

Posted on March 1, 2012 in Health Law News

Written by: Stephen W. Lyman

Hall Render’s latest issue of the Employment Law Briefing summarizes these and other interesting developments: Now There Are Twenty-Three Speaking of developments, Indiana became the 23rd state to pass a Right to Work law.  That means that any agreement that requires employees to join a union or pay dues as a condition of employment is unlawful... READ MORE

New (Old) FMLA Forms Approved Through 2015 – GINA Safe Harbor Is Still Missing

[02/29/12]

Posted on February 29, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Many employers use the U.S. Department of Labor’s model FMLA forms as the basis of their paperwork in granting FMLA leaves.  Take a look at the top right hand corner of those forms.  It’s very likely that it says the form expires on December 31, 2011 (or even earlier).  In February the DOL issued... READ MORE

Tags: , , ,

HIPAA Breach Notification Reports Due to OCR by February 29, 2012 for Calendar Year 2011 Small Breaches

[02/28/12]

Posted on February 28, 2012 in Health Law News

Written by: Mark Swearingen

HIPAA covered entities are required to submit reports of small breaches (impacting less than 500 individuals) that occurred during calendar year 2011 to the Office for Civil Rights (“OCR”) by February 29, 2012 pursuant to the HIPAA Breach Notification Rule.  Reports must be submitted electronically through OCR’s breach notification web page, which can be... READ MORE

Tags:

CMS Expected to Release Guidance on New LSC Adoption Soon

[02/28/12]

Posted on February 28, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The 2012 Life Safety Code (LSC) contains numerous provisions that address culture change in nursing facilities.  These new provisions are somewhat of a liberalization of standards to permit a more home-like environment for residents, rather than an institutional setting.  I am expecting the Centers for Medicare & Medicaid Services (CMS) to release a Survey... READ MORE

Tags: , , , , , , , , , , , ,

UPDATE: Additional Amicus Curiae Briefs Received in Support of the Validity of the Medicaid Expansion Provision; Increase of Oral Argument Time Granted

[02/27/12]

Posted on February 27, 2012 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. Twelve Attorneys General and a State Governor Support the Affordable Care Act Medicaid Expansion Provision On January... READ MORE

Tags:

As Physician Acquisitions Thrive, So Do Antitrust Enforcement Actions

[02/27/12]

Posted on February 27, 2012 in Health Law News

Published by: Hall Render

Consolidation continues to be the watchword in the health care industry.  Falling reimbursement, economies of scale, coordination of care and industry uncertainty drove provider consolidation in 2011 and will continue to drive provider consolidation in 2012.  As hospitals and physicians look to position themselves strategically for a post-health care reform world, the pace of... READ MORE

Federal Mandate for No-Cost Women’s Contraceptive Services Continues to Receive Scrutiny

[02/24/12]

Posted on February 24, 2012 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. On February 10, 2012, President Obama announced that his Administration will continue with its plan to mandate... READ MORE