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health care law newsletterIf you are already a subscriber to Foster Swift's health care law blog, you might be interested in Foster Swift's Health Care Law E-News as well.  These newsletters provide an in-depth discussion on specific issues that are of interest to those in the health care industry.  See what the latest Health Care Law E-News has to offer. Read More ›

Categories: Health Care Reform, Regulatory

Massage Therapist Licensure Soon to be Mandatory

massage therapist licensureLicensure of Massage Therapists will become mandatory in Michigan in the near future. Proposed rules related to the requirements of such licensure were recently published in the Michigan Register.  The actual licensure requirement will become effective two years from the effective date of the final rules (which will likely be published later in 2012). Read More ›

Categories: Licensing, Regulatory

House of Representatives Votes to Repeal Part of PPACA

On Wednesday, February 2nd, the U.S. House of Representatives approved a measure to repeal the CLASS Act.  A similar repeal measure is pending in the U.S. Senate.

The CLASS Act is a heavily criticized portion of the health care reform law.  CLASS, or Community Living Assistance Services and Supports, is a national, voluntary insurance program that is intended to offer working individuals some protection against the cost of paying for long-term care.  Individuals who pay into the program for at least 5 years and who were employed during at least 3 of those 5 years would, if ever needed, receive a daily cash benefit of at least $50 per day to purchase services and support necessary to remain independent.  For example, CLASS would cover home health care, adult day care, home modifications, respite care, transportation services, and the like. Read More ›

Categories: Health Care Reform, Insurance

Make Sure you Know Who's Talking about Your Company!

In the age of instant access to online information, it is essential for a business to know what others are saying about it - both good and bad.  For example, a physician will want to confirm the glowing review of a recent article is properly acknowledged on the Internet but also that a negative patient comment is immediately refuted or deleted. Read More ›

Categories: News

NLRB Delays Notice Requirement to April 30

In our November 22, 2011 post entitled "Health Facilities Must Display Notice About Employees' Organizing Rights", we conveyed the National Labor Relations Board's ("NLRB") requirement that health facilities, among others, must post a notice advising those on payroll of their rights to negotiate as a group and join a union.  At that time, the notice was required to be posted by January 31, 2012.  However, the NLRB has further delayed the effective date of the required posting until April 30, 2012.  The NLRB agreed to this postponement because of a request by a federal court in Washington D.C. that is currently reviewing a legal challenge to this requirement.  While the implementation date may have been delayed, employers should prepare for the April 30th deadline.  For more information on the mandatory contents of the required posting, please review our November 22 post.

Categories: Employment, Hospitals

While Michigan's Congress may be stalling, Employers Should Still Plan for 2014 Health Exchange

health exchangeEven though the Republican-run Michigan House of Representatives is stalling legislation to create the Michigan Health Exchange, 2014 is quickly approaching.  Starting in 2014, insurance will be available on Health Exchanges.  If Michigan does create legislation creating its own Exchange, the federal government will implement one for Michigan residents.  This will impact Michigan employers and individuals. Read More ›

Categories: Health Care Reform, Health Insurance Exchange, Insurance

Into the Breach . . .

breachSmartphone usage has skyrocketed in the past few years.  Physicians are no exception to the trend - with more than 81% of physicians using smartphones.  Disturbingly, the number of health data breaches has risen in tandem with increased smartphone usage, and most experts agree that the increase is no coincidence.

Recent reports have indicated that 96% of all health care organizations have experienced at least one data breach during the past two years. Although the report did not detail the number of data breaches attributable to mobile devices, there is agreement that the widespread use of mobile devices is putting patient data at risk. Read More ›

Categories: HIPAA

New Licensure Requirements for Michigan Speech-Language Pathologists Released

On December 7, 2011, the final rules for Speech-Language Pathology were filed with the Michigan Secretary of State.  Among other things, the final rules require that any person who intends to practice speech-language pathology in Michigan must be licensed by December 7, 2013.  The rules also detail the requirements for licensure and give deference to individuals who have been certified by the American Speech-Language-Hearing Association.

For more information about the licensure requirements for speech language pathologists and to obtain a copy of the current licensure application packet, please contact one of the health care law attorneys at Foster Swift.

Categories: Licensing, Physicians, Regulatory

2011 IRS Guidance on Accountable Care Organizations

irs guidanceMany questions surround the creation and implementation of accountable care organizations ("ACOs").  Included in these questions were concerns about the tax implications of an exempt non-profit organization in joining an ACO.  In 2011, the Internal Revenue Service ("IRS") was active in providing guidance on that issue.  Specifically, the IRS addressed issues related to inurement or impermissible private benefit that arise from a tax-exempt organization's participation with an ACO.  It also considered the unrelated business income tax implications for the receipt of shared savings by an exempt organization. Read More ›

Categories: Accountable Care Organizations, Health Care Reform, Hospitals, Physicians, Tax

Medicare Not Limited to the Portion of a Settlement Designated for Medical Losses when Seeking Reimbursement under MSP

The U.S. Court of Appeals for the Sixth Circuit has ruled that Medicare is not limited to the portion of a settlement or verdict designated for medical losses when seeking reimbursement under the Medicare Secondary Payer Act, 42 USC § 1395(b)(2) ("MSP"). Hadden v United States (Lawyers Weekly No. 01-76843).  This ultimately could lead to a chilling effect on settlements. Read More ›

Categories: Medicare/Medicaid

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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.