News & Analysis as of

Healthcare Facilities

Hollywood Hills Nursing Home — Grim News

Victims of Profit? The death toll mounted again in the Broward County nursing-home disaster following Hurricane Irma. A ninth patient expired after being evacuated from The Rehabilitation Center at Hollywood Hills in the...more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-029, Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius Medical Care Gardendale, Gardendale AL: Proposes to expand the existing ESRD Treatment Center by adding six (6)...more

Tennessee Health Services and Facilities Report: September 2017

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

Tennessee CON Report

I. August 2017—Tennessee Certificate of Need Meeting - The agency approved the following applications during the August 23 meeting. A. Consent Agenda - 1. Vanderbilt University Medical Center, Nashville (Davidson...more

Emergency Rules Requiring Generators in Florida ALFs and Nursing Homes

by Holland & Knight LLP on

As a result of Hurricane Irma, eight nursing home residents died after a power failure in a Hollywood, Florida nursing home. In the wake of that tragedy, on Sept. 18, 2017, Florida regulators published emergency rules...more

What Hospitals Need to Know About the Natural Disaster Exception to Stark Law

by Baker Ober Health Law on

Hospitals operating in regions affected by the recent hurricanes and other natural disasters may be able to obtain temporary regulatory relief. During times of disasters and emergencies, CMS can provide some flexibility...more

Selling or Buying an HUD Financed Nursing Home or Assisted Living: A Baker's Dozen Tips for TPA Transactions

by Baker Ober Health Law on

Interest rates are on the rise after being low for so long. Owners have taken advantage of those long-term, low fixed-rate loans insured under HUD Section 232 in record numbers. It is possible to keep those below-market loans...more

What Exactly Is a Hospital, Anyway? CMS Issues Guidance on “Primarily Engaged” Medicare Certification Requirement

The rules that govern participation in the Medicare program are notoriously voluminous and complex. Indeed, courts have described them as akin to a “[body of] law written by James Joyce and edited by E.E. Cummings” and “among...more

Are You In Compliance With The Notice Requirements of the Nondiscrimination Rules?

Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Covered Entities that receive Federal financial...more

Can you sue a Health Care Facility for “Non-Medical” Negligence?

Woodland Hills personal injury attorney Barry P. Goldberg is asked this question with great frequency— what happens when you are injured at a health care facility? It is not uncommon for patients to fall while at the...more

Summer Is Over...Time For Connecticut Health Care Providers To Get Up To Speed On Recent Changes

by Murtha Cullina on

Although much of the latest Connecticut legislative session focused on the budget, and while fewer health care bills passed than we have grown accustomed to in recent years, we still ended up with a number of public acts...more

Hurricane Harvey, HIPAA, and Access to Health Information

Hurricane Harvey has been pummeling the Gulf Coast since Monday, with nearly 52 inches of rainfall in parts of Texas. The storm has displaced thousands of people from their homes and has resulted in over 30 reported deaths....more

Think You Know Hospital Staffing Levels?

by Faegre Baker Daniels on

A lot of people think they know something about hospital staffing levels: the proper ratio of nurses to patients. From time to time a legislator, patient advocate, or union spokesman will propose a required ratio—often a...more

Plaintiffs’ Bar Targets Healthcare Facilities’ Timekeeping Practices

Healthcare facilities are increasingly becoming targets of collective action lawsuits under the Fair Labor Standards Act (FLSA). Several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks....more

Health Centers: The Federal Government Delivers a Big Win

by Farrell Fritz, P.C. on

On August 15, 2017, the Secretary of Health and Human Services, Tom Price, issued a press release reporting that almost $105 million dollars will be bestowed upon 1,333 health centers across the United States, including its...more

Alabama CON Report

I. For Informational Purposes Only - Contested Case - AL 2017-024, The Troy Hospital Health Care Authority d/b/a Troy Regional Medical Center, Troy, Alabama: Proposes to acquire, relocate and operate 18 geriatric...more

The Tennessee Health Services and Facilities Report - August 2017

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

Tenth Circuit Declines To Disturb Arbitral Award Granting Fees And Costs In Wrongful Death Suit Against Nursing Home

by Carlton Fields on

The Tenth Circuit recently upheld a district court’s confirmation of an arbitral award ordering a nursing home (“THI”) to pay fees and costs associated with the arbitration of a wrongful death claim. A personal representative...more

Tennessee Health Services and Facilities Report: August 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

Healthcare Industry Sees Increase In Age Discrimination Claims

by Fisher Phillips on

Lawyers and medical professionals have noticed a recent uptick in age discrimination claims in the healthcare industry. What is causing this increase? Is it simply a statistical fluke, or are there specific reasons the...more

Rethinking Transparency – Inpatient Prospective Payment System Final Rule Rescinds Proposed Survey Disclosure Rule

by McDermott Will & Emery on

The 2018 IPPS/LTCH PPS proposed rule contained a provision that would have required AOs to make survey reports and acceptable plans of correction publicly available within approximately three months of issuance. The Final...more

CMS Proposes to Reduce Facility Payment for Non-Excepted Provider-Based Outpatient Department Services by 50 Percent

by Baker Ober Health Law on

CMS recently proposed to reduce the facility fee for non-excepted off-campus provider-based hospital departments (OPBDs) from 50 percent of the Medicare Physician Fee Schedule (MPFS) amount to 25 percent of the MPFS amount....more

Prevention Is Key (Er…Required): Will Your State Soon Mandate Workplace Violence Prevention Programs?

by Fisher Phillips on

It is no secret to hospital and other healthcare employees that their workplace is no longer a guaranteed safe zone. In fact, recent statistics released by the Occupational Safety and Health Administration (OSHA) indicate...more

Medicare Fraud Strike Force Strikes Again – in a Big Way

The Medicare Fraud Strike Force initiated its largest ever healthcare enforcement action, charging 412 defendants in July 2017 with approximately $1.3 billion in fraudulent claims. The Strike Force consists of teams that...more

Health Care E-Note - July 2017

by Burr & Forman on

Everywhere you look these days, there seems to be another report of a cyberattack -- attacks which do not discriminate based on industry type, size of business, or impact. In other words, everyone is vulnerable. In fact, the...more

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