Articles and Blogs

Year: 2016

What can I put away for retirement this year? IRS and Social Security Administration Release 2017 Limits

[10/31/16]

Posted on October 31, 2016 in HR Insights for Health Care

Written by: William D. Roberts

Have you ever asked or been asked, “What can I put away for retirement this year?” The answer could be different almost every year. Most of the limitations in the Internal Revenue Code are indexed with inflation.  They increase many years but not all. The IRS and Social Security Administration have released the 2017... READ MORE

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FTC and DOJ Release Joint Antitrust Guidance for HR Professionals, Warn of Criminal Enforcement for “No-Poaching” and Wage-Fixing Agreements

[10/28/16]

Posted on October 28, 2016 in Health Law News

Published by: Hall Render

On October 20, 2016, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) released joint guidance for human resources (“HR”) professionals and others involved in hiring and compensation decisions. The joint guidance outlines how the federal antitrust laws apply to the employment arena and also warns employers that... READ MORE

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Grace Shelton Joins Hall Render

[10/28/16]

Posted on October 28, 2016 in Firm News

Published by: Hall Render

Hall Render is pleased to announce attorney Grace Shelton has joined the firm’s Indianapolis office. Grace’s legal practice is centered on business immigration within the Health Human Resources practice group. Her practice consists mainly of the preparation of J-1 Waivers, National Interest Waivers, H-1B Petitions, O-1 Petitions, P-1 Petitions and Permanent Residency Applications. She... READ MORE

Seventh Circuit: Implied Certification Claims Remain a Heavy Lift

[10/26/16]

Posted on October 26, 2016 in False Claims Act Defense

Published by: Hall Render

In light of the Supreme Court’s recent decision in Universal Health Services v. Escobar, the Seventh Circuit revisited its prior ruling in United States ex rel. Nelson v. Sanford-Brown, Ltd, a case alleging that a college receiving federal subsidies violated the False Claims Act (“FCA”) by maintaining discriminatory recruiting and retention practices. The Seventh... READ MORE

Court Strikes Allegations Whistleblower Learned Through Discovery and Dismisses Claims

[10/21/16]

Posted on October 21, 2016 in False Claims Act Defense

Published by: Hall Render

In United States of America and the State of Florida, ex rel. Bingham v. HCA, Inc., the employee of a medical office building management firm filed suit against a national health care system in the U.S. District Court for the Southern District of Florida. The lawsuit included allegations relating to one of the defendant’s... READ MORE

OIG Data Confirms That Non-Compliant Real Estate Arrangements Are Costly

[10/20/16]

Posted on October 20, 2016 in Health Law News

Published by: Hall Render

Health care providers subject to the Stark Law and the Anti-Kickback Statute can face significant penalties for non-compliant arrangements. In the event that a provider discovers a potentially non-compliant arrangement, it may elect to disclose the arrangement to government officials in an effort to limit its liability. Potential Stark Law violations are often disclosed... READ MORE

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The Eighth Circuit Applies Escobar Materiality Test

[10/20/16]

Posted on October 20, 2016 in False Claims Act Defense

Published by: Hall Render

The Eighth Circuit Court of Appeals yesterday applied the materiality standard enunciated by the Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar to a False Claims Act (“FCA”) case alleging fraudulent inducement. In United States ex rel. Miller v. Weston Educational Inc., d/b/a Heritage College, two whistleblowers alleged Heritage College altered grade and attendance... READ MORE

Changing Course? Seventh Circuit to Rehear Title VII Sexual Orientation Case

[10/19/16]

Posted on October 19, 2016 in HR Insights for Health Care

Written by: Nick S. Johnston

The Court of Appeals for the Seventh Circuit will rehear a once-dismissed Title VII sexual orientation case, possibly signaling that the Seventh Circuit will change course and read Title VII as prohibiting sexual orientation discrimination. Background Title VII prohibits employment discrimination based on race, color, religion, sex and national origin; the prohibitions apply to... READ MORE

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American Health Care Association Announces Complaint Against CMS for Arbitration Provision Changes in New Regulations

[10/18/16]

Posted on October 18, 2016 in Long-Term Care, Home Health & Hospice

Published by: Hall Render

This is another article in a series discussing the complete overhaul of Part 483 to Title 42 of the Code of Federal Regulations, the Requirements for States and Long-Term Care Facilities (“Final Regulations”) by the Centers for Medicare & Medicaid Services (“CMS”). Background On September 28, 2016, CMS released a complete overhaul of Part... READ MORE

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Final MACRA Rule Issued: It’s Time for Providers to Pick Their Pace

[10/14/16]

Posted on October 14, 2016 in Health Law News

Published by: Hall Render

Today, the Centers for Medicare & Medicaid Services (“CMS”) published the much-anticipated Final Rule for the new Merit-Based Incentive Payment System (“MIPS”) and Advanced Alternative Payment Models (“AAPMs”) pathways to payment pursuant to the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). A copy of the Final Rule can be found here, and... READ MORE

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