Articles and Blogs

Year: 2016

EEOC Proposes to Collect Gross Pay and Hours Worked Data in 2017

[02/05/16]

Posted on February 5, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

On February 1, 2016, the EEOC made public a proposed revision to the Employer Information Report (“EEO-1”) to include collecting pay data from employers, including federal contractors, with more than 100 employees. According the EEOC, the collection of this pay and hours data will help in “identifying possible pay discrimination and assist employers in promoting... READ MORE

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NLRB “Deletes” Employer’s “No-Recordings” Rules

[02/04/16]

Posted on February 4, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

Many employers have rules prohibiting the recording of conversations or the taking of photos or videos in the workplace. Even if there is no rule, many employers will tell an employee who wants to record something that it’s not allowed. Presumably, there may be several legitimate reasons for the employer’s reaction to workplace recordings.... READ MORE

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Hall Render’s This Week in Washington – January 29, 2016

[01/29/16]

Posted on January 29, 2016 in Federal Advocacy

Written by: John Williams

Hall Render Provides Recommendations to Congress on Stark Law Changes On January 29, Gregg Wallander, Hall Render attorney and leader of the firm’s Health Care Practice Group, provided recommendations to congressional staff on changes to the Stark Law that would provide relief for hospitals and health systems that are required to comply with its burdensome... READ MORE

FTC Announces Annual Hart-Scott-Rodino Premerger Notification Filing Thresholds Increase for 2016

[01/29/16]

Posted on January 29, 2016 in Health Law News

Published by: Hall Render

Background The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file notification with the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) Antitrust Division and to wait a period of time before consummating the... READ MORE

Physician-Owned Hospital Performance May Provide Support for Lifting Expansion Moratorium

[01/28/16]

Posted on January 28, 2016 in Health Law News

Published by: Hall Render

As lawmakers return for the second session of the 114th Congress, physician-owned hospitals (“POHs”) across the country are closely watching the status of the Promoting Access, Competition, and Equity Act of 2015 (H.R. 2513) authored by Rep. Sam Johnson (R-TX). Also referred to as the PACE Act of 2015, H.R. 2513 would change existing... READ MORE

CMS Posts “PO Modifier” Frequently Asked Questions

[01/28/16]

Posted on January 28, 2016 in Health Law News

Published by: Hall Render

This week, the Centers for Medicare & Medicaid Services (“CMS”) posted a much-anticipated FAQ related to off-campus provider-based departments and use of the “PO” modifier. Reporting of the modifier was voluntary in CY 2015 but mandatory beginning in CY 2016. CMS clarified that the “PO” modifier is only required for items and services provided... READ MORE

Convicts Can Take Care of Pennsylvania’s Elderly: Pennsylvania Court Rules that Provision of Older Adult Protective Services Act Unconstitutional

[01/25/16]

Posted on January 25, 2016 in Health Law News

Published by: Hall Render

Executive Summary On December 30, 2015, the Pennsylvania Commonwealth Court struck down a provision of the Older Adults Protective Services Act that barred individuals convicted of certain crimes, such as murder and rape, from working in nursing homes or other health care facilities serving the elderly. In Tyrone Peake et. al. v. Commonwealth of... READ MORE

Hall Render’s This Week in Washington – January 22, 2016

[01/22/16]

Posted on January 22, 2016 in Federal Advocacy

Written by: John Williams

Senate Takes New Approach to Medical Innovation Bills With the House of Representatives in recess, action in Washington this week was in the Senate. On January 19, the Senate Health, Education, Labor and Pensions (“HELP”) Committee announced it will hold the first of three executive sessions to review the Innovations for Healthier Americans Act,... READ MORE

OIG Solicits Comments on Safe Harbors and Special Fraud Alerts

[01/21/16]

Posted on January 21, 2016 in Health Law News

Published by: Hall Render

The Department of Health and Human Services Office of Inspector General (“OIG”) is currently soliciting proposals and recommendations for additional Anti-Kickback Statute safe harbors and OIG Special Fraud Alerts.1 The Health Insurance Portability and Accountability Act requires an annual notice period to solicit these comments in order to identify and protect non-abusive arrangements from the... READ MORE