Hospitals

News & Analysis as of

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

Hospitals Have No Room for Error on Policy & Procedure Communications during Fast-Moving Public Health Crises

In 2006, it was Avian flu. In 2009, it was H1N1, also known as swine flu. This year, it’s Ebola. When fast-moving public health crises hit, one issue that always comes under intense scrutiny is a hospitals’ ability to...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

Tennessee CON Report - October 2014

In this Report: - I. October 2014—Tennessee Certificate of Need Meeting - II. Certificate of Need Program Report—Filings Since September 2014 Meeting - III. Projects Deemed Complete for Review at...more

Outsourcing Ambulatory and Outpatient Services: What Hospitals Need to Know

We are in the midst of a trend involving the “outsourcing” of certain outpatient and ambulatory services by hospitals and health systems. These outsourcing transactions often involve partnerships with for-profit, specialty ...more

CMS Reopens the Medicare Payment Adjustment Hardship Exception Application Submission Period for Certain Providers and Hospitals

Centers for Medicare & Medicaid Services (CMS) recently announced the reopening of the submission period for hardship exception applications for eligible professionals and eligible hospitals that have been unable to fully...more

Goliath Defeats David in Ohio Hospital Suit

On Monday the court unsealed its October 20 decision handing Premier summary judgment. Tiny Medical Center at Elizabeth Park (MCEP) had sued the Premier hospitals, alleging they had engaged in an antitrust conspiracy to keep...more

Just When You Thought It Was Safe…

A smattering of recent Oklahoma Supreme Court tort and insurance decisions - I know many of you may have thought the Court to be inactive these last many months when it comes to insurance and tort matters. Rest easy, –...more

The health care industry's need for better health programs

Health care workers in Alabama have likely heard about the Ebola virus making its way to Texas, where a second hospital worker contracted the virus. The situation has shown that there may be a need for better health and...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

Report Shows CMP Enforcement Actions On the Rise Against Part C and Part D Sponsors

A new report issued October 16, 2014 by the Medicare Parts C & D Oversight and Enforcement Group (MOEG) reveals that civil monetary penalty (CMP) enforcement actions in these two programs more than tripled from 2012 to 2013....more

China to Open Up Its Hospital Market to Foreign Investment on a Pilot Program

On August 27, 2014, the National Health and Family Planning Commission (“NHFPC”) and Ministry of Commerce (“MOFCOM”) jointly released Notice on Conducting Pilot Work of Setting Up Wholly Foreign Owned Hospitals) (“Notice”)...more

Ebola Preparedness: Employee Education Is Key

In the wake of the world’s largest Ebola Virus Disease (EVD) outbreak in history, Americans have been inundated with media hype surrounding the disease, and the government and employers’ perceived inadequacy in their...more

$840 Million Available to Drive Practice Transformation

After a fairly quiet year in terms of new funding announcements, the Center for Medicare and Medicaid Innovation (CMMI) has released an $840 million solicitation that seeks to drive 150,000 clinicians toward delivering...more

IRS Releases Private Business Use Guidelines for ACO Participants

On Friday, October 24, 2014, the Internal Revenue Service (IRS) released Notice 2014-67, providing guidance regarding the circumstances under which participation by a hospital in an Accountable Care Organization (ACO) will...more

Health Alert (Australia) - October 27, 2014

In This Issue: Judgments; Legislation; and Reports. Excerpt from Judgments: Queensland - 23 October 2014 - Vision Eye Institute Ltd v Kitchen & Anor [2014] QSC 260 In 2006, Kitchen sold...more

Unique Ebola-Related Legal Issues Facing Health Care Providers

As compared to non-health care employers, health care providers face several unique considerations when developing and implementing policies and procedures to prepare for an infectious disease outbreak. For good reason, the...more

Polsinelli Podcasts - What Matters in Hospital/Physician Arrangements [Video]

Recent enforcement actions and changes in health care payment systems highlight the importance of properly structured hospital/physician compensation arrangements. In this week's Polsinelli Podcast, Health Care Shareholder...more

New CDC Ebola Monitoring Protocol is Good News for Employers

The CDC has just announced new active post-arrival monitoring for all travelers entering the U.S. from Liberia, Sierra Leone or Guinea. ...more

CDC Publishes Revised Ebola Guidelines and Announces New Monitoring Program

The CDC recently announced stricter guidelines on the use of personal protective equipment for United States healthcare workers providing healthcare services to patients with Ebola (“Guidelines”). According to the CDC, the...more

Hospital Settles Provider-Based Compliance Investigation for $3.3 Million

A New York State hospital has agreed to pay the U.S. Department of Justice more than $3.3 million to resolve an investigation conducted by the HHS-OIG and U.S. Attorney’s Office for the Northern District of New York into...more

How Health Care Providers Can Avoid Common Intellectual Property Mistakes

Intellectual property can be some of the most valuable assets any business, including a health care provider (“Provider”) has. Adequately protecting this intellectual property can increase the value of the Provider’s business...more

Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical...

Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more

More Turns in the FTC's Antitrust Enforcement Action Against Phoebe Putney Hospital, Inc.

The FTC’s long-running campaign against Phoebe Putney Health System, Inc.’s acquisition of Palmyra Park Hospital, Inc., continues. In an unusual sequence of events, the Commission first conditionally accepted a Consent...more

Health Law Alert: OIG Releases Proposed Revisions to Anti-Kickback Safe Harbors and Civil Monetary Penalty Rules

The Department of Health and Human Services Office of Inspector General (OIG) recently released a proposed rule that revises safe harbors under the Anti-Kickback Statute (AKS) and Civil Monetary Penalty (CMP) rules regarding...more

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