News & Analysis as of

Healthcare Facilities

Is the 8 and 80 Overtime Exception for Hospitals and Health Care Providers the Right Fit for Your Company?

by Baker Ober Health Law on

The Fair Labor Standards Act (FLSA) requires that employers pay most workers at least minimum wage for all hours worked, plus overtime – one and one-half the employee's regular rate of pay – for all hours worked in excess of...more

Mississippi CON Report

1. CON – Final Orders a. CON Review Number: FS-NIS-0216-002 – Oxford Pre-Op & Imaging Center, LLC d/b/a Oxford Pre-OP & Imaging Center – Acquisition or Otherwise Control of Magnetic Resonance Imaging (MRI) and Offering...more

Dispute Between Brothers Demonstrates Need to Plan for Long-Term Care

A recent New Jersey appeals court case demonstrates how important it is for families to come up with a long-term care plan before an emergency strikes. The case involves two brothers who got into a fight over whether to place...more

Tennessee CON Report

I. February and April 2017—Tennessee Certificate of Need Meetings - The agency approved the following applications during the February and April meetings. A. Consent Agenda 1. Walgreens Infusion and...more

Tennessee Health Services and Facilities Report: May 2017 Newsletter

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

by Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

IRS Guidelines Provide Greater Flexibility to Nonprofit Borrowers

by Polsinelli on

New guidelines from the Internal Revenue Service substantially overhaul safe harbors that have existed for 20 years. Specifically, the IRS recently released Revenue Procedure 2017-13 (“Rev. Proc. 2017-13”), which establishes...more

"Double Dip" Effectively Approved by Center for Medicare and Medicaid Services

by Hogan Lovells on

Last week the Centers for Medicare and Medicaid Services (CMS) issued Release No. 104 to Manufacturers and Release No. 180, which invalidated earlier agency releases addressing the treatment under the Medicaid drug rebate...more

Third Circuit Holds Overtime Class Action Is Not Subject To Arbitration

by Carlton Fields on

The Third Circuit recently affirmed the decision of a Pennsylvania district court, holding that a class action involving overtime compensation filed against the operating companies of a senior care facility is not subject to...more

FCA Issues to Watch: FCA Claims Concerning Physician Compensation

by Bass, Berry & Sims PLC on

Physician employment arrangements with hospitals have remained a significant area of regulatory scrutiny in recent months with the announcement of several high profile settlements and decisions in key FCA cases involving...more

FBI Warns Cyber Criminals Are Targeting Unsecured FTP Servers In The Healthcare Industry

by Dentons on

On March 22, 2017, the FBI issued a Private Industry Notification, warning that criminal actors are actively targeting File Transfer Protocol (FTP) servers operating in “anonymous” mode and associated with medical and dental...more

FBI Warns of Cyber Threat in Healthcare Sector

The FBI is warning the healthcare sector of a new cyber threat. In a Notification issued last week, the FBI said that it is “aware of criminal actors who are actively targeting” protected healthcare information (“PHI”) and...more

Court Upholds Arbitration Award Despite Challenge To Arbitrator’s Use Of Excluded Evidence

by Carlton Fields on

Jersey Shore University Medical Center discharged a staff nurse employee for her actions when a female patient was assaulted by another patient in the nurse’s assigned work area. A labor organization that represents employees...more

Health Care E-Note - April 2017

by Burr & Forman on

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion...more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-012, Crowne Health Care of Springhill, LLC, Mobile, AL: Proposes to relocate twenty-six (26) nursing home beds from Crowne Health Care of Mobile, LLC, a 174-bed nursing home....more

Tennessee Health Services and Facilities Report: April 2017 Newsletter

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

Securing Protected Health Information: FBI Warning

by Burns & Levinson LLP on

HIPAA and the HITECH are federal laws that require the protection and security of confidential, protected health information (PHI) and personally identifiable information that is not necessarily health related. The federal...more

Jury Returns Massive Verdict in Hospital Gown Fraud Lawsuit

On Friday, April 8, 2017, a federal jury in California sent shockwaves throughout the healthcare and legal community when it returned a $454 million verdict against Kimberly-Clark Corp. and its affiliate Halyard Health Inc....more

OIG and HCCA Offer Suggestions for Measuring Health Organization Compliance Program Effectiveness

by Reed Smith on

The OIG and the Health Care Compliance Association (HCCA) recently held a roundtable where the discussion focused on a broad range of ideas regarding how health care organizations can measure their compliance program...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – March 2017 - 1. CON – Final Orders - a. CON Review Number: C-CO-0217-003 – Hattiesburg Clinic, Professional Association – Cost Overrun to CON #R-0897 (CON...more

2017 Brings Big Changes for Off-Campus Provider-Based Facilities

by Williams Mullen on

Historically, the Centers for Medicare and Medicaid Services (CMS) has reimbursed items and services furnished by provider-based departments (PBDs), both on and off campus, under the Medicare Hospital Outpatient Prospective...more

Beware of the Man-In-The-Middle: Malicious Eavesdroppers on the Internet

Imagine this: Dr. Primary is treating Patty Patient for substance abuse and emails Patty Patient’s protected health information (PHI) to a treatment clinic. Before the email arrives at the clinic, it is intercepted by a third...more

No April Fools: Groundbreaking California Workplace Violence Safety Order for Healthcare Workers to Take Effect on April 1

The California Division of Occupational Safety & Health Standards Board recently passed a new safety order intended to protect healthcare workers from workplace violence. The new safety order, which the California Office of...more

Defining the Duty of the Board of Directors over Compliance Functions

by Ruder Ware on

I recently posted a blog article about a document released by the Department of Justice entitled “Evaluation of Compliance Programs.” As the title of the document might suggest, the DOJ release covers a variety of issues it...more

Health Care E-Note - March 2017

by Burr & Forman on

Like pain clinics and pharmacies, practitioners treating substance use disorder appear to be a target for federal enforcers. Under President Trump's administration and Alabama Attorney General Steve Marshall, law enforcement...more

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