Health Care Law Blog

Physicians Following Michigan Medical Marihuana Laws May Still Face Federal Criminal Charges

While most of the media attention related to medical marihuana has been focused on employment issues and the location of marihuana dispensaries, a Michigan physician is also receiving some press because of criminal charges recently filed against her.

On April 15, 2011, as part of a Drug Enforcement Agency ("DEA") investigation into Dr. Ruth A. Buck's potential prescription drug crimes, the DEA also charged Dr. Buck criminally with aiding and abetting the distribution of marihuana. Read More ›

Categories: Criminal, Physicians

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CMS Stopping Acceptance of Early Retiree Reinsurance Applications

The Centers for Medicare and Medicaid Services ("CMS") announced that it will no longer accepting applications for its Early Retiree Reinsurance Program.  Based upon the applications that CMS has accepted and the rate at which the available $5 Billion is being disbursed, the government projects that it will use up the full allotted $5 Billion which has been set aside to fund this temporary program. 

Applications were first accepted on June 29, 2010 and the government is cutting off any further applications May 5, 2011.

Categories: Health Care Reform, Insurance

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Physician-Patient Privilege Restricts Enforcement of Non-Compete and Non-Solicitation Clauses in Physician Employment and Practice Agreements

A recent decision by the Michigan Court of Appeals imposes a substantial obstacle to enforcing contracts that prohibit physicians from soliciting or servicing patients after leaving employment or separating from a practice. Steiner v Bonanni (decided April 7, 2011). Read More ›

Categories: Employment, HIPAA, Hospitals, Physicians

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ACO Regulations Finally Released

The Centers for Medicare & Medicaid Services' ("CMS") long-awaited proposed regulations for the Medicare Shared Savings Program ("Regulation") were released on March 31, 2011.  The Regulation is set to be published in tomorrow's (April 7^th's) Federal Register.  The Regulation is part of a coordinated effort among CMS, the Department of Health & Human Services’ Office of Inspector General, the Federal Trade Commission, United States Department of Justice, and Internal Revenue Service to address the various legal issues facing the Accountable Care Organizations ("ACOs") that will participate in the Medicare Shared Savings Program.  CMS is requesting comments through June 6, 2011, while the other agencies will accept public comment on their respective documents only through May 31, 2011. Read More ›

Categories: Accountable Care Organizations, Medicare/Medicaid

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Reorganization of the Department of Energy, Labor, and Economic Growth will Impact Health Care Providers

Through Executive Order 2011-4 ("Order"), Governor Snyder has ordered that the Department of Energy, Labor and Economic Growth be reorganized and renamed the Department of Licensing and Regulatory Affairs, effective as of April 24, 2011.  Especially important to those in the health care industry is the fact that the Bureau of Health Professions, the Bureau of Health Systems and the Controlled Substances Advisory Commission will be transferred from the Department of Community Health ("MDCH") to the Department of Licensing and Regulatory Affairs.  The Governor announced that the transfer will allow MDCH to concentrate on the actual health care delivery aspects of its duties while allowing Licensing and Regulatory Affairs to oversee the licensing and professional regulatory aspects of these functions.  Read More ›

Categories: Hospitals, Physicians

Posted by: Jennifer Kildea Dewane

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Doctors Soon Will Be Allowed to Say "I'm Sorry"

The Michigan House of Representatives and Senate have both recently approved versions of what's been termed the "I'm Sorry Bill."  The Bill provides that certain statements expressing sympathy, compassion, commiseration, or a general sense of benevolence relating to pain, suffering, or death of an individual are inadmissible as evidence of an admission of liability in a medical malpractice action.  However, statements of fault, negligence or culpable conduct would remain admissible.  Read More ›

Categories: Hospitals

Posted by: Mindi M. Johnson

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Nursing Home Update - 50% Reduction in Civil Money Penalties

The Centers for Medicare and Medicaid Service's (CMS) recently published Final Rule related to Civil Money Penalties for Nursing Homes implements provisions of the Patient Protection and Affordable Care Act related to the nursing home enforcement process.  Read More ›

Categories: Compliance, Regulatory

Posted by: Mindi M. Johnson

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Healthcare Providers Need to Review Contracts to Determine Federal Contractor Status

The Office of Federal Contracts Compliance Programs ("OFCCP"), a branch of the Department of Labor, has targeted the healthcare industry for increased enforcement with regard to affirmative action. The OFCCP issued, though not publically, a December 16, 2010 directive which affirmed its position that merely receiving reimbursement from most Medicare programs or federal grants is not enough to create federal contractor status (which requires compliance with affirmative action).  The OFCCP directive stated, however, that the following do establish federal contractor status: direct contracts between health care providers and TRICARE (the Department of Defense health care program for active and retired military members), Federal Employees Health Benefit Plan ("FEHBP"), or Medicare Advantage or Part D programs. Read More ›

Categories: Compliance, Regulatory

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Recent Enforcement Activity for HIPAA Violations

The United States Department of Health and Human Services' Office for Civil Rights (OCR) recently imposed a civil monetary penalty of just over $4.3 million against Cignet Health of Prince George's County, Maryland (Cignet).  Forty-one patients had filed complaints with OCR after being denied access to their medical records by Cignet.  OCR investigated the matter and determined that Cignet had indeed violated the patients' rights by denying them access to their medical records.  The penalty for these violations was $1.3 million.  However, Cignet also failed to cooperate with the OCR investigation, and was fined an additional $3 million for such failure.  Read More ›

Categories: HIPAA, HITECH Act

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Lowering Single Business Tax Liability

Pamela Dusman recently had a significant victory in the Michigan Court of Appeals on behalf of a hospital client.  The hospital client, in calculating its single business tax liability, specifically its "unrelated taxable income," on its Michigan Single Business Tax Return claimed a capital acquisition deduction and an investment tax credit for its capital assets regardless of whether the assets were used for tax-exempt or non-exempt activities.  The Michigan Tax Tribunal upheld the hospital's position, holding that the hospital did not need to allocate its assets between exempt and non-exempt uses when claiming the capital acquisition deduction or the investment tax credit.  This reading of the Single Business Tax Act was upheld by the Michigan Court of Appeals on February 15, 2011.  Although the Single Business Tax Act was repealed by the legislature for tax years that begin after December 31, 2007, an entity's Single Business Tax Return may be amended within four years after the due date of the original return.  This decision can have a significant impact on lowering single business tax liability on unrelated business income for tax-exempt providers. 

Categories: Hospitals, Tax

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