Showing 47 posts from 2011.
Exchange Planning In Michigan Health Insurance
The 2010 health reform act, the Patient Protection and Affordable Care Act ("PPACA"), provides for the creation of health insurance "exchanges." Exchanges are programs designed to make it easier for eligible consumers and small businesses to compare and purchase health insurance coverage in a one-stop shopping format. An Exchange is essentially a set of state regulated and standardized private health care plans, from which individuals may purchase health insurance that is eligible for federal subsidies. States choosing to create Exchanges are required to have them up and running by 2014. Read More ›
Categories: Health Care Reform, Health Insurance Exchange, Regulatory
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The Government is paying HOW much?
The Medicare Data Access for Transparency and Accountability Act ("DATA Act") was introduced in the United States Senate on April 7, 2011. The DATA Act seeks to make public the Department of Health and Human Services' claims and payment data, which would include data on payments made to medical providers pursuant to the Social Security Act (i.e., Medicare). Specifically, the data made available to the public would include the following: Read More ›
Categories: Billing/Payment, Medicare/Medicaid
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
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
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
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 7th'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
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
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
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
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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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.