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Bills Call For Nurse Staffing Quotas in Michigan Hospitals

Nurse filling out chartCalifornia is the only state in the country that has mandated nurse-to-patient ratio requirements for hospitals. If the Michigan Nurses Association and Democratic lawmakers are successful in their current legislative efforts, Michigan will be the second.

House Bill 4311 and Senate Bill 228 are identical bills recently introduced in each chamber by Representative Jon Switalski and Senator Rebekah Warren, respectively. The proposed legislation would require hospitals, including state-owned hospitals and state-owned facilities, to develop staffing plans that provide “sufficient, appropriately qualified nursing staff…in order to meet the individualized needs” of patients.

Significant provisions of the legislation include the following: Read More ›

Categories: Employment, Hospitals, Licensing, Regulatory

Antitrust Lawsuit Against Blue Cross Blue Shield of Michigan ("BCBSM") Dropped by the Justice Department

On Monday, March 25, 2013 the Department of Justice along with Blue Cross Blue Shield of Michigan ("BCBSM") jointly filed a motion to dismiss the case against BCBSM regarding their "most-favored nation" contracts. This lawsuit had been going on for 2.5 years and was scheduled for trial in October. Part of the reasoning for this lawsuit being dismissed is that the Insurance Commissioner on February 1, 2013 banned hospitals or insurers from enforcing most-favored nation agreements in insurance contracts unless they are approved by the Insurance Commissioner. Also, as of January 1, 2014 most-favored nation agreements are banned completely.

Categories: Insurance

Blue Cross Blue Shield of Michigan Conversion Bills Signed into Law

BCBS logoWhile many thought the Blue Cross Blue Shield of Michigan ("BCBSM") conversion bills would be signed into law at the end of 2012, it was not until March 18, 2013 that Governor Snyder signed the proposed legislation into law. The BCBSM conversion bills convert BCBSM from "a tax exempt charitable and benevolent institution" into a nonprofit mutual health insurance company. BCBSM has been operating as a tax-exempt nonprofit since Public Act 350 was signed into law in 1980. (This Public Act is referred to as the previous BCBSM statute.) The previous BCBSM statute made BCBSM Michigan’s “insurer of last resort,” requiring it to accept all customers regardless of their health. Read more about the new laws ›

Categories: Health Care Reform, Insurance, Regulatory

Recap From the 2013 Health Law Institute

Recap From the 2013 Health Law Institute On March 7 and 8, 2013, the members of Foster Swift’s Health Care Law Group attended the 19th Annual Health Law Institute. This two-day institute, which is co-sponsored by the Institute for Continuing Legal Education and the Health Care Law Section of the State Bar of Michigan, focused on recent legal developments in health care law. Specific topics addressed at this year’s Health Law Institute included: Read More ›

Categories: Health Care Reform, Health Insurance Exchange, HIPAA, Hospitals, Insurance, Physicians, Regulatory

Payments to Doctors Will Soon be Public Knowledge

Tablet w/ financial dataUnder the Patient Protection and Affordable Care Act, companies that provide drugs, medical devices, biologicals or other medical supplies covered by certain government programs (Medicare, Medicaid or the Children's Health Insurance Program) are required to annually report certain payments they make to physicians. According to a recently issued final rule, payment categories will include: Read More ›

Categories: Compliance, Hospitals, Physicians, Regulatory

Avoiding Michigan’s Right to Work Legislation

Michigan’s Right to Work legislation (“Legislation”) was signed into law by Governor Synder on December 12, 2012.  The Legislation will become effective on the 91st day following the final adjournment of the 2012 regular session of the Michigan legislature (December 27, 2012). Unions are attempting to either renew or extend current collective bargaining agreements (“CBAs”) prior to the Legislation becoming effective, in an effort to avoid impact that the Legislation would have on union dues and participation. Read More ›

Categories: Employee Benefits, Employment, Regulatory

Proposed Rules Related to Coverage of Contraceptive Services Just Released

coverage of contraceptive servicesOn January 30, 2013, the Departments of Treasury, Labor, and Health and Human Services (collectively, the “Departments”) jointly released proposed rules related to the coverage of preventive services under the Patient Protection and Affordable Care Act (“PPACA”).  When initially enacted, PPACA required certain health plans to provide benefits for particular preventive health services, including coverage of contraceptives, without the imposition of cost sharing measures (i.e., individuals covered by the plan would not be required to pay anything for the services).  This coverage requirement became effective on the first day of the plan year that followed August 1, 2012.  For calendar year plans, the effective date was January 1, 2013. Read More ›

Categories: Employee Benefits, Health Care Reform, Insurance, Regulatory

Health Care Fraud and Abuse Enforcement - It's Not Just Hypothetical Anymore

health care fraud and abuse enforcementOn February 11, 2013, the Departments of Justice and Health and Human Services jointly released a report stating that the government recovered $4.2 billion in fiscal year 2012 and for every dollar spent on health care-related fraud and abuse investigations in the last three years, the government recovered $7.90. The report indicates that this is the highest 3-year average return on investment in the 16 year history of the Health Care Fraud and Abuse program. The Health Care Fraud Prevention and Enforcement Action Team (“HEAT”), which has operations in Detroit, was instrumental in this recovery effort. Read More ›

Categories: Fraud & Abuse, Health Care Reform

Snyder Supports Medicaid Expansion for Michigan

medicaid expansion for michiganGovernor Rick Snyder announced that his 2014 budget includes support for the expansion of Medicaid eligibility to Michigan residents without insurance. Speaking at a press conference in Lansing on Wednesday, February 6th, Governor Snyder said expansion would save costs, increase care, and help businesses. Read more about the expansion ›

Categories: Health Care Reform, Medicare/Medicaid

Delayed Deadline: Employer Notice Regarding Health Insurance Exchanges

employer notice regarding health insurance exchangesAs previously discussed, the Patient Protection and Affordable Care Act requires employers to provide notice to their employees related to Health Insurance Exchanges (the “Notice”). The specifics concerning the Notice may be found here. The Notice was required to be given to each current employee not later than March 1, 2013. Read more about the delay ›

Categories: Health Care Reform, Health Insurance Exchange, Hospitals, Insurance, Physicians, Regulatory

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Best Lawyers® 2021

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.