Healthcare Facilities

News & Analysis as of

Alabama CON Report

I. Certificate of Need Program - A. AL2016-035, Bio-Medical Applications of Alabama, Inc. d/b/a - Fresenius Kidney Care Hope Hull, Montgomery, AL: Proposes to construct and operate a new End Stage Renal Disease...more

Health Care E-Note - January 2017

On October 4, 2016, The Centers for Medicare and Medicaid Services ("CMS") released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the...more

Tennessee Health Services and Facilities Report: January 2017 Newsletter

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

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – December 2016 - 1. CON – Final Orders - a. CON Review Number: HG-A-0715-015 – Singing River Health System d/b/a Singing River Hospital – Amendment and Cost...more

U.S. Access Board Issues Standards for Medical Diagnostic Equipment

Seyfarth Synopsis: Many years in the making, today the Access Board issued design criteria and other standards for medical diagnostic equipment. Today, the U.S. Access Board issued new accessibility standards for medical...more

Healthcare Transactions: Year in Review - January 2017

Healthcare transactional activity continued unabated throughout 2016, continuing a years long trend of sustained growth. This activity is due to a number of factors: innovative technology, pharmaceuticals, and services that...more

Final 2017 SMFP Need Determinations

The 2017 State Medical Facilities Plan (SMFP) was approved by Governor McCrory on December 14, 2016, and has been issued effective January 1, 2017. It includes need determinations of interest to a number of different types of...more

2016 Antitrust Case Law And FTC Action Highlights FTC Agency’s Approach To Hospital Mergers

In 2016, the Federal Trade Commission prevailed in litigation before the Third and Seventh Circuit Courts of Appeal related to two high-profile hospital mergers. In both cases, the courts of appeal overturned the federal...more

New Texas Rule Regarding the Disposal of Fetal Tissue Stayed

The Texas Department of State Health Services recently issued a final rule implementing updated methods for the disposal of special waste from health care facilities, which includes fetal tissue. As such, the new rule would...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations –November 2016. 1. CON – Final Orders - None - 2. CON – Staff Analysis - a. CON Review Number: HG-NIS-0816-015 – Choctaw Regional Medical Center –...more

Cal/OSHA Adopts First in the Nation Standard on Workplace Violence Prevention for Healthcare Employers

National research indicates that health care workers are at a substantially higher risk of workplace violence than the average worker in another industry. According to the federal Occupational Safety and Health...more

Tennessee Health Services and Facilities Report: December 2016 Newsletter

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. October 2016—Tennessee Certificate of Need Meeting - At the October meeting of the Tennessee Health Services and Development Agency, the agency approved the following applications, rules and requests. (There was no...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – October 2016 - A. Letters of Intent to Change Ownership - None - B. Determinations of Reviewability - 1. University of Mississippi Medical Center...more

Tennessee Health Services and Facilities Report: November 2016 Newsletter

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

2017 Physician Fee Schedule Includes Clarification of Space and Equipment Rental Exception Under Stark Law

The Department of Health and Human Services Center for Medicaid and Medicaid Services (“CMS”) recently finalized the Calendar Year 2017 Physician Fee Schedule (“2017 Fee Schedule”), which includes a restatement of a provision...more

California Department of Public Health Announces Change to Processing Office and Timeline for Facility Applications and Change...

Applications and change requests for all facilities licensed by the California Department of Public Health (CDPH) are being transitioned to the Centralized Applications Unit and may take upwards of six months to...more

CMS Proposes Updated Fire Safety Standards for Dialysis Facilities

CMS has issued a proposed rule that would require certain dialysis facilities participating in Medicare or Medicaid to meet updated fire safety standards. The proposed fire safety rule, published November 4, 2016, would...more

HHS Issues Final Rule Implementing Section 1557 of ACA

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability. While the provision has been in effect since the ACA was passed in 2010, the US...more

Higher Education, Exempt Organization & Governmental Financings - Tax Presentation

Qualified Equity - Allocation & Accounting Rules for Private Business Use - New Treasury Regulations regarding measurement and allocation of private business use (PBU) benefit universities that finance a...more

IRS Eases Safe Harbor Conditions Under Which a Contract with a Hospital Will Not Result in Private Business Use of Tax-Exempt...

Under federal income tax law, the tax-exempt status of a bond is jeopardized if the proceeds of the bond are used for a private business use. Because hospital facilities are often financed with tax-exempt bonds, hospital...more

Tennessee Health Services and Facilities Report: October 2016 Newsletter

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

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Burr Alert: Physicians, Surgery Centers and Taxes

Since the enactment of the net investment income tax ("NIIT") in 2012, physicians and other taxpayers owning multiple business interests have had to make educated choices based upon accounting projections and SWAGS when...more

Hospitals Considering Merger Face Increased Uncertainty

PinnacleHealth System and Penn State Hershey Medical Center have abandoned their merger plans following a Third Circuit defeat last month. The announcement underscores the uncertainty faced by hospitals considering...more

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