Health Updates

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Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

Manatt on Medicaid: The Numbers

Even as the news media tries to untangle the latest data on Marketplace enrollment, an equally important and still-evolving story is playing out on the Medicaid side of the open enrollment equation. According to a Centers for...more

What Has Fahlen Wrought?

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

South Carolina Legislative Update

South Carolina General Assembly - The South Carolina House of Representatives will be on furlough for two weeks and the Senate is only meeting Tuesday and Wednesday, April 15-16, and then off the following week....more

Home Healthcare Advocates Honor Secretary of Aging Brian Duke, Senator Pat Vance, and Representative Marguerite Quinn; Twitter...

BAYADA Home Health Care presented their first-ever Champion awards, marking this year’s BAYADA Day in Harrisburg. This new award recognizes state legislators and regulators who have worked diligently to advocate for increased...more

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

U.S. Government Issues Helpful Hints Regarding Marketplace Health Insurance Coverage and Immigration Status

In mid-March, the U.S. Citizenship and Immigration Services issued a notice including helpful hints for individuals who may have questions regarding their immigration status and how this may or may not affect eligibility for...more

New York Federal Court Takes Different Stance on Medical Staff Bylaws

On April 14, MedLaw Blog posted a comment about Villare v. Beebe Medical Center, a case in which a Delaware trial court granted summary judgment on the basis that the medical staff bylaws were held not to constitute a...more

Health Headlines: Also in the News

340B “Mega-Reg” Under Review by OMB – The Health Resources and Service Administration (HRSA), Office of Pharmacy Affairs sent the long-awaited 340B Proposed Rule to the Office of Budget and Management Affairs (OMB) last week...more

CMS Proposes Adoption of Updated Life Safety Code

Wednesday morning, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule regarding adopting the 2012 edition of the Life Safety Code (LSC). CMS states the updated code contains new provisions that are...more

Zoning for a Health Care Facility: A Few Things to Think About

Admit it – your first thought was, why would anyone care if a health care facility was built in their neighborhood? But you were thinking of a nice, quiet nursing home, where the most activity that might take place would be...more

Tax Developments Affecting Health Care Organizations (Presentation)

In this Issue: •Income recognition issues associated with bundled payment arrangements •Income recognition related to electronic health records •Developments involving the nonaccrual experience method of...more

Medicare’s 60-Day Proposed Refund Rule Imposes Significant Liability on Providers

As part of the Affordable Care Act, Congress outlined the process for providers to return Medicare and Medicaid overpayments. In 2012, CMS proposed the 60-day Refund Rule, as it is commonly known, requiring Medicare providers...more

Northwestern/Harvard Research on Effects of “Casual” Marijuana Use Points to Need for More Research

As states, including California, continue to grapple with the medical marijuana/decriminalization question, scientific evidence continues to trickle in concerning the negative health effects of marijuana use. According to...more

Emerging EHR Risks: When Documentation May Not Be Enough (or Too Much)

Today’s Electronic Health Record (EHR) technologies feature many tools that help providers practice more efficiently and allow them to spend more time caring for patients. However, the federal government recently has posted...more

Healthcare IT News: OIG Does An About-Face On Referral Service Pricing

The Department of Health and Human Services Office of Inspector General (OIG) recently terminated a favorable 2011 advisory opinion regarding a healthcare IT company's "per-click" pricing model for its provider referral...more

Tax Developments Affecting Health Care Organizations and Investor-Owned Hospital Companies [Video]

Several Treasury regulations, revenue procedures, and other developments have recently been released, which may have important consequences for businesses, including health care organizations. Moreover, changes in regulatory...more

Changes of the Amended Regulations on Supervision and Administration of Medical Devices

The Regulations on Supervision and Administration of Medical Devices was amended and promulgated by the State Council on March 7th, 2014, effective June 1st, 2014. The last version is from 2000. The following highlights the...more

Changes to Community Benefit Reporting for Tax-Exempt Hospitals

For tax year 2013, the Internal Revenue Service (IRS) has made a change to the manner in which tax-exempt organizations that operate one or more hospital facilities compute community benefit for purposes of reporting on...more

In Government's Shoes: The Continuing Force Behind the False Claims Act & Qui Tam Complaints

To combat fraud by contractors selling faulty war supplies to the Union Army, in 1863 President Abraham Lincoln signed into law the False Claims Act (the “FCA”). Designed to root out fraud on the federal government, this act...more

The Affordable Care Act - Understanding The Employer Mandate: An Overview

The Patient Protection and Affordable Care Act (the “Affordable Care Act”) was enacted by Congress and signed by President Obama on March 23, 2010. The Affordable Care Act is a 2,409 page statute regulating virtually every...more

CMS Issues Medicare Advantage And Part D Final Call Letter For 2015

The Medicare Advantage and Part D Final Call Letter announces requirements for the 2015 contract year, including changes to Part C and Part D star ratings and how CMS will evaluate Part D plan structures submitted for the...more

"ObamaCare" Open Enrollment Period Passes: What This Means For Consumers

The Affordable Care Act (the health care reform law also known as “ObamaCare”) created a nationwide open enrollment period to purchase individual and family health insurance. For fully-reformed, 2014 health insurance plans,...more

Tax Reform Bill Proposal - Much Ado About Nothing

As widely reported, on February 26, 2014, U.S. House of Representatives Committee on Ways and Means Chairman Dave Camp (R-MI) released the proposed Tax Reform Act of 2014 (the "Camp Proposal"). In exchange for simplification...more

CMS Releases Rate Announcement and Final Call Letter for Medicare Advantage and Part D Programs

On April 7, 2014, CMS issued the 2015 rate announcement and final call letter for the Medicare Advantage and Part D programs. Notably, CMS reversed planned rate cuts to Medicare Advantage plans, and is instead replacing those...more

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