Healthcare Facilities

News & Analysis as of

Medical Liability Reform – Iowa’s Communication and Optimal Resolution (Candor) Bill Effective July 1, 2015

On July 1, 2015, the Iowa legislature rolled out what is being heralded as its most significant medical liability reform of the past decade: enabling confidential “open discussions” between health care providers and patients...more

Employers to Focus on Conducting TB Risk Assessments Following New OSHA Directive

On July 13, 2015, the Occupational Safety and Health Administration (OSHA) issued an enforcement directive, Enforcement Procedures and Scheduling for Occupational Exposure to Tuberculosis (CPL 02-02-078) (2015 Directive),...more

OSHA Stepping Up Scrutiny of Hospitals and Inpatient Health Care Facilities

On June 25, 2015, the Occupational Safety and Health Administration (OSHA) published a Memorandum to its Compliance Officers expanding its enforcement policy regarding workplace hazards facing employees in the health care...more

Cybersecurity is once again a hot topic as Illinois undergoes PIPA update

Cybersecurity is a hot topic at both the state and federal level. Specifically, Illinois is in the process of amending its Personal Information Protection Act (“PIPA”). Illinois SB 1833 will amend PIPA by establishing more...more

OSHA Provides Guidance on Health Care and Nursing Facility Enforcement Initiative

The federal Occupational Safety and Health Administration (OSHA) recently released a memorandum clarifying its enforcement efforts against the inpatient health care and nursing home industries. The list of covered facilities...more

OSHA Issues New Guidance for Healthcare Entities

According to the Occupational Health and Safety Administration (“OSHA”), 2013 statistics demonstrate that healthcare workers have a rate of work-related illness and injury that is nearly twice as high as the overall rate seen...more

CMS Releases ESRD PPS Proposed Rule

On June 26, 2015, CMS released a Proposed Rule to increase payments by 0.3% for end-stage renal disease (ESRD) care providers in 2016 under the ESRD Prospective Payment System (PPS) for renal dialysis services. CMS estimates...more

The Recent Auditor General Report and Central Pennsylvania Hospitals

In April, 2015, the Pennsylvania Auditor General released a Report that chastised the Department of Labor and Industry for its failure to implement adequate procedures to ensure that all complaints under the Prohibition of...more

Recent Developments Regarding Disposal of Pharmaceutical Products

Recent environmental developments may impact the health care industry and should continue to be monitored. Several environmental developments related to the discarding of pharmaceutical products (including veterinary...more

ACOs: The Next Generation of Coordinated Care - An Overview of the Medicare Shared Savings Program/Accountable Care Organization...

The Centers for Medicare and Medicaid Services (CMS) recently released a final rule (Final Rule) that makes changes to the Medicare Shared Savings Program (MSSP). The Affordable Care Act (ACA) created the MSSP as one of...more

Fired Nurse Loses Whistleblower Suit over Suspected Drug Use

A federal appeals court recently affirmed the dismissal of a whistleblower-retaliation suit against a Maine nursing home, holding that the plaintiff employee failed to prove that she was fired for telling her supervisor she...more

Technology in Healthcare [Video]

From the 2015 PLUS Medical PL Symposium session “Technology in Healthcare: EHRs & PHI,” moderator Patricia Marzella-Graubert (Swiss Re American Holdings Corporation) and panelist Alexander Grijalva (New York Presbyterian...more

Why, Again, Do You Think that Worker is an Independent Contractor ?

If you're reading this article, then you likely own or administer a medical practice of some sort. That practice may have workers of many stripes. Some of those workers may be treated as employees and some may be independent...more

Health Law Wire: FTC Objects to Legislative Antitrust Immunity in New York (6/15)

The FTC is urging the NY Legislature to withdraw a bill which would grant broad antitrust immunity to the Westchester and Erie County health care public benefit corporations. There is continuing scrutiny of state-sponsored...more

Unfair Business Practices – Hospital’s “Facility Fee” Billed To New Patients

Justin Nolte et al., v. Cedars Sinai Medical Center - Court of Appeal, Second Appellate District (May 21, 2015) - Generally, a business practice is unfair if it violates established public policy or if it is...more

OIG to Review Medicare Payments to Providers for Outpatient IMRT

Take note, hospitals and other outpatient facilities that bill Medicare for outpatient intensity-modulated radiation therapy (“IMRT”): The Department of Health and Human Services Office of Inspector General (the “OIG”) is...more

Connecticut Passes Legislation Setting Certification Standards for Central Service Technicians

On May 26, 2015, Connecticut Governor Dannel P. Malloy signed into law Public Act 15-11 (PA 15-11), “An Act Concerning Persons Who Decontaminate Reusable Medical Instruments or Devices.” This new legislation requires central...more

Pennsylvania Physicians Now Required to Wear Photo Identification Badges

As of June 1, 2015, a new Pennsylvania law went into effect, requiring the following individuals to wear photo identification badges: - All employees and physicians working at health care facilities licensed by the...more

Benesch Health Care Market Intelligence - Private Equity Summary Report 2015

- In this Issue: - Key Findings - Industry Trends - Industry News - Transactions - Fund News - Outlook - Excerpt from Key Findings: Private equity firms continue to be active investors...more

Whistleblower Claims San Antonio VA Still Guilty of Altering Wait Time Information

Over the past year, the U.S. Department of Veterans Affairs has been a fixture in national news for the controversies surrounding the extremely long wait times veterans have experienced for benefits and treatment, and the...more

Time to Exclude the IMD Exclusion

Some rules are borne out of the best of intentions, and the Institutions for Mental Disease Exclusion (“IMD exclusion”) bears the hallmarks of such a beginning. The IMD exclusion bars federal funding for care of patients...more

Legislation Proposed In New Jersey to Alert Patients to Out-of-Network Costs

On May 14, 2015, four New Jersey legislators introduced the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the "Legislation"). If enacted, the Legislation would increase health care...more

Health Update - May 2015

Building a Culture of Health: The Value Proposition of Retail Clinics - Editor’s Note: Since first emerging on the healthcare landscape more than 15 years ago, retail clinics have seen significant growth. There are now...more

Medicare Part B Reimbursement After the SGR Repeal

On April 16, 2015, President Barack Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 and thereby repealed the sustainable growth rate (“SGR”) Medicare Part B provider reimbursement methodology,...more

Criminal Cyberattacks: The No. 1 Cause of Health Care Data Breaches in 2014

A new study released on May 7, 2015, by the Ponemon Institute revealed that criminal cyberattacks on health care organizations were the most prevalent cause of data breaches in 2014. The report underscores the need to think...more

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