Updates from State Bar of Michigan's Health Care Law Section Annual Meeting
Members of the Foster Swift Health Care Law Practice Group attended the Annual Meeting of the State Bar of Michigan's Health Care Law Section on Wednesday, September 21, 2011. A highlight of the day was when Gary McRay was inaugurated to the Health Care Law Section's first Class of Fellows. The Class of Fellows recognizes distinguished practitioners for their professional contributions and dedication to the practice of health care law. McRay was one of only 10 attorneys inducted as a Fellow. Grateful to receive such an honor, McRay expressed that he "would like to thank the State Bar of Michigan for the award" and noted that he was "honored to be included with the other lawyers in the first class of fellows." Read More ›
Categories: Health Care Reform, Regulatory
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Deadline for EHR Attestation Fast Approaching
It is time for hospitals and physicians to start using electronic health records ("EHR"). It is particularly important if hospitals or physicians want to take advantage of the 2011 Medicare incentive payments, since important deadlines are quickly approaching. Read More ›
Categories: Technology
Hot Off the Presses: Foster Swift Health Care Law Newsletter
The latest edition of the Foster Swift Health Care Law Newsletter has just been released. Topics include Electronic Health Records, Medicare Reimbursement for Resident Research and Hospital Community Needs Assessments. In order to whet your appetite, below is a brief summary of the articles: Read More ›
Categories: Billing/Payment, Electronic Health Records, Health Care Reform, Health Insurance Exchange, HITECH Act, Hospitals, Medicare/Medicaid, Physicians
Medicare Provider-Supplier Revalidation: Are You Ready?
All providers and suppliers that were enrolled with the Medicare program prior to March 25, 2011 will be asked to revalidate their enrollment information in the near future. According to a statement issued by the Department of Health and Human Services' Centers for Medicare and Medicaid Services ("CMS"), intermediaries will begin contacting providers and suppliers to do the following: Read More ›
Categories: Billing/Payment, Health Care Reform, Hospitals, Medicare/Medicaid, Physicians
4th Circuit Opinions on Health Care Reform Sidestep Issue of Constitutionality
The 4th Circuit Court of Appeals has issued two opinions related to the Patient Protection and Affordable Care Act ("PPACA"), also commonly referred to as Health Care Reform. What is interesting in these two decisions is that the appellate court refrains from ruling on the constitutionality of PPACA. Instead, it does not even address the issue because it found adequate grounds to dismiss both cases based on lack of jurisdiction. Read More ›
Categories: Employment, Health Care Reform, Insurance, Regulatory
Health Care Claims Tax Passes
On August 24, the Michigan legislature passed two bills which are expected to be signed by Governor Snyder, which will be known as the "Health Insurance Claims Assessment Act". The Health Insurance Claims Assessment Act will assess a 1% health care claims tax on paid health insurance claims in Michigan. This tax will be paid by health insurers and replaces an existing 6% assessment on Medicaid health claims. The tax will be assessed for a period of two years, beginning January 1, 2012 and ending January 1, 2014. Read More ›
Categories: Medicare/Medicaid, Tax
Auditing for HIPAA Compliance - It's Coming!
The Department of Health and Human Services ("DHHS") is moving forward with its HIPAA auditing program, which will launch in late 2011 or in 2012. After the audit protocols have been created, they will be field-tested through approximately 20 audits. Once the field tests are completed, up to 150 on-site audits will take place through the end of 2012. It is not clear which types of entities will be selected for audit. It is also not yet clear whether the DHHS Office for Civil Rights ("OCR") will audit only covered entities, or whether business associates will be audited as well. In addition, the OCR has not yet determined whether or how it will publish its audit results. Given the significance of being subject to a HIPAA audit, organizations should take this time to review their policies and procedures for HIPAA privacy and security compliance. Moreover, with the newness of electronic health record ("EHR") systems, those with EHR will especially want to make sure that these systems are compliant. Please contact me at 517.371.8231 or 906.226.5501 if you would like assistance with any review.
Categories: Electronic Health Records, HIPAA, HITECH Act, Regulatory
Score Tied: Health Reform - 1, Opponents - 1
The 11th Circuit Court of Appeals recently issued a decision declaring that the "individual mandate" provisions of the Patient Protection and Affordable Care Act ("PPACA") are unconstitutional. This decision directly conflicts with the decision issued by the 6th Circuit Court of Appeals earlier this summer. Read More ›
Categories: Health Care Reform, Hospitals, Insurance, Physicians
US Supreme Court Receives Health Reform Challenge
In the race to the top, the 6th Circuit decision upholding the constitutionality of the Patient Protection and Affordable Care Act ("PPACA") is the first to come before the United States Supreme Court. In response to the 6th Circuit's adverse ruling against it (discussed here), the Thomas More Law Center, et. al., recently petitioned the Supreme Court for review.
The Petition specifically presents two questions for consideration by the Supreme Court: Read More ›
Categories: Health Care Reform, Insurance
US Supreme Court Protects the Free Speech of Pharmaceutical Detailers
The US Supreme Court recently delivered a victory to data miners and pharmaceutical manufacturers in a June 23, 2011 decision, which held that a Vermont statute was an unconstitutional restriction of free speech rights. In William Sorrell v IMS Health, Inc., 564 US --- (2011), the Court reviewed a Vermont statute that prohibited the use of prescriber-identifiable information (details of a physician's prescription practices) for marketing or promoting a prescription drug. The statute was intended to target the practice of "detailing" a pharmaceutical representative's use of a particular physician's prescribing history to tailor a sales pitch to that physician in an effort to persuade him or her to prescribe certain (high profit or brand name) drugs. Because various Circuit Courts of Appeal had reached opposite conclusions on the constitutionality of similar statutes, the United States Supreme Court agreed to hear the case. Read More ›
Categories: Physicians
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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:
- Jennifer B. Van Regenmorter, Holland
To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.