Healthcare Facilities

News & Analysis as of

OSHA Strengthens Local Emphasis on Hazardous Chemical Compliance

Omaha Area Director of the Occupational Safety and Health Administration (OSHA) recently announced a brand-new local emphasis program that will introduce regular health inspections at funeral homes, product and chemical...more

Health Care Financing Trends: What Do They Foreshadow?

This article explores some current health care financing trends and speculates on what they may portend for work in a health care restructuring professional’s “pipeline.” While there are many kinds of health care enterprises...more

Is Provider-Based Reimbursement Going Away?

We get this question every year: will Medicare, Medicaid or other payors continue to recognize hospital-level facility fee reimbursement for hospital outpatient departments meeting the provider-based designation criteria at...more

Post-Acute Care Summary Report - 2014: Benesch Health Care Market Intelligence

In this Issue: - Key Findings - Subsector Activity - Regulatory/Legal - Reimbursement - Excerpt from Key Findings: • The post-acute care (PAC) sector has seen an increase in mergers...more

VA Health Reform: New Opportunities for Providers

The Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) significantly expands access to health care services funded by the U.S. Department of Veterans Affairs (VA), creates new opportunities for...more

Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

CDC Issues Additional Guidance to Healthcare Employers Regarding Protection of Workers from Ebola Virus

Recently, Miller & Martin Workplace Safety Practice Group provided information regarding the U.S. Occupational Safety and Health Administration's (OSHA) launch of its new web page designed to assist employers with their...more

Employers: How Prepared Are You for Ebola?

Rapidly changing circumstances raise workplace questions. The Ebola epidemic in 2014 has already been confirmed by the U.S. Centers for Disease Control (CDC) as the worst in history. The extent of this outbreak is...more

Blog: HHS OIG Hands Out 2015 Work Plan For Halloween

On Friday October 31, 2014, the U.S. Department of Health & Human Services (HHS) Office of Inspector General (OIG) released its annual “Work Plan” for fiscal year 2015. The Work Plan is a compilation of the OIG’s plans for...more

Nursing Home and Healthcare Facilities Tasked With Keeping it Safe

On October 1, 2014 Maryland Senate Bill 483 (Chapter 513) went into effect. The Act requires that certain sized nursing homes and health care facilities assign to a committee the task of assessment of workplace safety issues...more

Ebola Matters of First Impression; Law Lags Behind Policy

While we turn to science and laws to guide our response to matters in the healthcare industry, the entrance of the Ebola virus into our lives here in the U.S. has challenged our abilities, both from a medical and legal...more

Ebola Update–CDC Issues New Protocols

The response to Ebola continues to evolve as additional resources for providers and the public have been made available over the last several days. The Joint Commission (TJC) launched an Ebola Preparedness Resources webpage,...more

New York Announces Revisions to the Certificate-of-Need Process

The New York State Department of Health (“NYSDOH”) recently released proposed revisions to its certificate-of-need (“CON”) process. The regulations aim to streamline the administrative process for hospitals, nursing homes,...more

NYS Department of Health Proposes Changes to Certificate of Need Process

On October 15, 2014, the New York State Department of Health (DOH) released proposed changes that will simplify the certificate of need (CON) process. Specifically, the Department is proposing to require prior notice,...more

Sale-leasebacks accommodate buyer and seller in today’s healthcare real estate market: 7 reasons why they work, 5 pitfalls to note

For many years, low interest rates allowed companies with strong credit ratings to obtain access to cheap capital through traditional financing methods – meaning there was little enthusiasm for sale-leaseback...more

Ebola: Legal Considerations for Health Care Employers

As the Centers for Disease Control and Prevention (CDC) reports that “the risk of an Ebola outbreak in the United States is very low,” it is promulgating new protocols to more precisely address safety issues in the health...more

Colorado Supreme Court Protects Quality Management Privilege for CDPHE-Licensed Providers

Colorado hospitals and other licensed and certified health care facilities scored a significant victory on October 14, when the Colorado Supreme Court issued its en banc ruling in Simpson v. Cedar Springs Hospital, Inc. (2014...more

E-Discovery - Nevada U.S. District Court's Special Master's Report and Recommendations: Failure to Preserve ESI, Litigation Holds

Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more

Whistleblower Goes It Alone to Secure $5 Million Settlement under False Claims Act

The potential success of a whistleblower lawsuit filed under the False Claims Act (FCA) is significantly reduced when the government fails to intervene because such cases are often assumed to lack merit. However, a plaintiff...more

Ebola: Emerging Concerns for Healthcare Facilities and Employers

Recent months have been filled with news reports about the Ebola virus outbreak in West Africa. On August 8, 2014, the World Health Organization (WHO) stated that the spread of the Ebola virus in West Africa had become an...more

Healthcare Asset Class: a Dubious CMBS Distinction for an Industry in Flux

Although healthcare properties have historically provided the smallest share of collateral used for backing CMBS transactions (currently only 0.47%), according to the most recent report from Moody’s Investors Service,...more

Health Law Pulse - September 2014

In This Issue: - U.S. Court of Appeals Holds that Physicians’ Employer is Personally Liable for Costs Associated with The H- 1B Process and Obtaining a Waiver of the Two- Year Home Residency Requirement - CMS...more

BREAKING: EEOC files first transgender suits against private employers

Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency’s first ever against private-sector employers. One is against a...more

Alabama CON Report - September 2014

In This Report: - I. Certificate of Need Program - A. AL2014-023, DVA Healthcare Renal Care, Inc. d/b/a Ozark Dialysis, Ozark, AL - B. AL2014-024, Regency Retirement Village of Huntsville, Huntsville,...more

California Court Dismisses CMIA Claim Based on Possession of Stolen Medical Data

A health organization narrowly averted paying a potential $4 billion in damages under the California Confidentiality of Medical Information Act (CMIA) for losing the medical records of more than 4 million patients. Plaintiffs...more

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