Articles and Blogs

In a troubling split decision issued on March 22, 2016, a three-judge panel of the Sixth Circuit reversed the ruling by the district court for the Southern District of Ohio at Dayton in The Medical Center at Elizabeth Place, LLC v. Atrium Health System, et al. and remanded the case back to the district... READ MORE

For nearly 68 years, the general understanding was that in collective bargaining, both sides have access to weapons in the game of economic warfare. Unions and employees have the right to strike, and employers have the right keep the doors open by replacing the striking employees – either temporarily or permanently. There were exceptions of course. Unions... READ MORE

A recent whistleblower case could have a significant impact on Medicare Part D charge limits and corresponding reimbursement and could have ripple effects for aspects of other Medicare programs. The Seventh Circuit Court of Appeals ruled that reduced prescription prices offered by a large retail pharmacy (here Kmart) to participants enrolled in a popular discount... READ MORE

Releases of FCA claims my only be effective in very limited circumstances, the Second Circuit Court of Appeals ruled in a decision this week. In US ex rel. Ladas v. Exelis, Inc, et al., the court ruled that a pre-filing release is unenforceable as a matter of public policy – the encouragement of qui... READ MORE

On May 13, 2016, the Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) issued a final rule (“Final Rule”) implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). A copy of the Final Rule is available here. The rule is scheduled to become effective on July... READ MORE

House Committee Advances Hospital Payment Bill On May 24, the House Ways and Means Committee advanced the Helping Hospitals Improve Patient Care Act (H.R. 5273) that reforms how hospitals are paid for inpatient and outpatient services. The bipartisan bill moves to the House floor where it could be passed by the full House during the... READ MORE

In the May 2016 edition of Perspectives, The Joint Commission announced the end of its ban on sending patient care orders by text message effective immediately for all accreditation programs. In 2011, The Joint Commission published a set of Frequently Asked Questions (“FAQs”) prohibiting physicians or licensed independent practitioners from texting orders for patient... READ MORE

Recent updates to the Health Resources and Services Administration’s (“HRSA”) regulatory agenda indicate that HRSA has delayed the much anticipated release of its final 340B Program Omnibus Guidance (also referred to as the “mega-guidance”) to the end of 2016. HRSA has also delayed publication of a final 340B manufacturer civil monetary penalty rule and... READ MORE

Ways and Means Committee Releases Hospital Bill That Addresses HOPD Site-Neutral Payment Issue On May 18, the House Ways and Means Committee released the bipartisan Helping Hospitals Improve Patient Care Act of 2016 (H.R. 5273). Among the many provisions in the 30-page legislation is an amendment to the Bipartisan Budget Act of 2015 (“BBA”)... READ MORE

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE