News & Analysis as of

Hospitals Administrative Law Judge (ALJ)

King & Spalding

CMS Issues Civil Monetary Penalties for Hospital Price Transparency Non-Compliance

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Last month, CMS issued three civil monetary penalty (CMP) notices for violations of the hospital price transparency regulations (HPT Rule), which requires hospitals to make public the standard charges of the items and...more

BakerHostetler

Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?

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The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate...more

Stevens & Lee

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

Stevens & Lee on

Supreme Court to Hear Oral Arguments in Axon Enterprises- With the October 2022 term of the U.S. Supreme Court (“Court”) now underway, health care providers and others in the health care industry contemplating merger and...more

Akerman LLP - Health Law Rx

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more

Littler

Aggressive vs. Bad Faith Bargaining: Where is the Line?

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The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

No Good Deed Goes Unpunished: D.C. Circuit Holds Employer That Failed to Implement Its Own Safety Program Violated the General...

The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that should be of concern to every employer and safety professional. The case involved an employer that had ambitious but...more

Faegre Drinker Biddle & Reath LLP

Hospital Price Transparency Final Rule

The Centers for Medicare and Medicaid Services (CMS) published the Price Transparency Requirements for Hospitals to Make Standard Charges Public Final Rule (the Final Rule, effective January 1, 2021), in the Federal Register...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - August 2019

Bradley presents our August 2019 Alabama CON Review Board Update, prepared for the firm's healthcare clients and other interested parties. The firm's Certificate of Need practice utilizes a cross-disciplinary team approach,...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - July 2019

I. Certificate of Need Program - A. AL2019-006, SEES Group Alabama, LLC, Jefferson County, AL: Proposes to establish a privatepractice ambulatory surgery center for ocular and periorbital surgery consisting of three (3)...more

Baker Donelson

OIG's List of Excluded Individuals/Entities – What Employers Need to Know

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OIG maintains a list of all currently excluded individuals and entities called the "List of Excluded Individuals/Entities," or LEIE. Covered entities that hire – or continue to employ or work with – an individual or entity on...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - August 2018

I. SHPDA Administrative Report - The following project was approved by an Administrative Law Judge and no exceptions were filed. AL2018-005, Bay Eyes Surgery Center, Inc., Fairhope, AL: Proposes to add one (1) Class-C...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - July 2018

I. SHPDA Administrative Report - The following project was approved by an Administrative Law Judge and no exceptions were filed. AL2017-042, USA Medical Center, Mobile, AL: Proposes to establish a Freestanding...more

Burr & Forman

South Carolina Tax Litigation Update: First Quarter 2018

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There were several notable state tax opinions issued by the South Carolina Administrative Law Court, Court of Appeals, and Supreme Court in the 1st quarter of 2018. A number of tax cases are also pending before the Court of...more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

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As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Baker Donelson

Court of Appeals Reverses D.D.C. Order Requiring HHS to Eliminate Medicare Appeals Backlog by December 31, 2020

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Hopes were dashed for sooner relief from the backlog of Administrative Law Judge (ALJ) appeals. With the backlog of Medicare reimbursement appeals steadily growing, a reversal by the U.S. Court of Appeals for the District of...more

Proskauer - Labor Relations Update

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more

Faegre Drinker Biddle & Reath LLP

Sometimes It’s Not What You Say But How You Say It

A recent First Circuit opinion demonstrates that sometimes how you say something is more important that what you say. In fact, that principle led the court to reverse the NLRB’s order that a Massachusetts hospital must...more

Baker Donelson

HHS Publishes Final Rule Overhauling the Medicare Appeals Process

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The Department of Health and Human Services (HHS) published its final rule revamping the Medicare appeals process at the Administrative Law Judge (ALJ) level on January 17, 2017. The final rule extensively revises federal...more

Littler

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

Littler on

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

Bradley Arant Boult Cummings LLP

Alabama CON Report

I. SHPDA Administrative Report - A. Contested Cases - For the following projects no vote was required because the recommended order of the Administrative Law Judge becomes the final order of the Agency when no...more

Seyfarth Shaw LLP

Another Day, Another Violation: Board Targets Hospital’s Work Rules Prohibiting Offensive Conduct

Seyfarth Shaw LLP on

Seyfarth Synopsis: Board panel finds hospital’s work rule prohibiting employees from engaging in offensive conduct to be unlawful. In Valley Health System, LLC d/b/a Spring Valley Hosp. Med. Ctr., 363 NLRB No. 178 (May...more

King & Spalding

Fourth Circuit Affirms Hospital Did Not Have A Right to an ALJ Hearing Within 90 Days

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On March 7, 2016, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s dismissal of hospital system’s request for a mandamus order directing HHS to provide a hearing before an...more

King & Spalding

HHS May Be Forced to Meet Statutory Deadlines for ALJ Appeals

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On February 9, 2016, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit reversed a district court’s dismissal for lack of jurisdiction in the American Hospital Association v. Burwell case. ...more

Baker Donelson

OIG Hospital Compliance Audits: Is Your Number Up? Are You Ready?

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In its Work Plan for Fiscal Year 2012, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) announced it would begin reviews of Medicare payments to hospitals to determine compliance...more

Bradley Arant Boult Cummings LLP

Alabama CON Report

I. SHPDA Administrative Report - AL2015-022, Gulf Health Hospitals, d/b/a Thomas Hospital, Daphne, AL: Proposes to establish a freestanding emergency department (FED). The project was approved with stipulation of...more

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