Showing 80 posts in Hospitals.
Medicare Provider Enrollment: Revalidation Required
Health care reform law requires that providers who enrolled in Medicare prior to March 25, 2011, submit enrollment revalidation information upon request by the Centers for Medicare and Medicaid Services ("CMS") or its contractors. Any provider that fails to submit the requested revalidation information within 60 days of receiving such a request risks interruption or deactivation of Medicare billing privileges. Revalidation for all providers who enrolled in Medicare prior to the above date will occur between now and March of 2015 on a steady basis. Providers can check the lists provided at CMS's website to determine if they were already sent a revalidation notice that was perhaps overlooked in the mail.
Categories: Hospitals, Medicare/Medicaid, Physicians
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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
2011 IRS Guidance on Accountable Care Organizations
Many 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
Employers Beware: If you extend COBRA benefits, you may be denied stop-loss coverage
A recent case highlights why a plan sponsor must use caution when agreeing to provide COBRA coverage that extends beyond the maximum COBRA coverage period. The court in Bekaert Corporation v. Standard Security Life Insurance Company of New York, 2011 WL 3568028 (N.D. Ohio) recently held that an employer who offered extended COBRA coverage pursuant to a separation agreement with a particular employee was not entitled to stop-loss coverage. In Bekaert,a retiree received extended COBRA continuation health coverage pursuant to a separation agreement with the employer. The retiree's medical claims were paid under the employer's self-funded health plan and then were submitted for reimbursement under the employer's stop-loss policy as excess loss claims. The stop-loss carrier denied the claims, stating the retiree was not a covered person under the stop-loss policy. Read More ›
Categories: Employee Benefits, Employment, Hospitals, Insurance, Physicians
Health Facilities Must Display Notice about Employees' Organizing Rights
The NLRB has decreed that, starting on January 31, 2012, health facilities must post a notice informing those on payroll of their rights to negotiate as a group and join a union…but stay tuned.
Currently, the notice is required to list:
- the rights that an employee has under the National Labor Relations Act ("NLRA");
- what is illegal for an employer to do under the NLRA;
- what is illegal for a union to do under the NLRA; and
- what to do if there has been a violation of rights under the NLRA.
The NLRB has copies of a sample notice available. The notice may be printed on multiple pieces of paper, but it must be 11-by-17-inches in size and placed in a conspicuous location. The National Labor Relations Board (the "NLRB") finalized its rule requiring this notice in the August 30, 2011 federal register. Read More ›
Categories: Employment, Hospitals, Labor Relations, Physicians
Physicians and other Health Professionals may be held Liable for Discrimination in Choosing Patients
In a recent decision, the Michigan Court of Appeals held that a physician can be liable for discrimination under Michigan law for refusing to provide artificial insemination services to a single woman. Moon v Michigan Reproductive & IVF Center, PC.
A woman contacted a physician at a clinic about in vitro fertilization services. When the physician learned that the woman was single, he advised her that the clinic did not offer insemination services to single women. Afterwards, the woman sued the clinic for discrimination based on marital status. Read More ›
Categories: Compliance, Hospitals, Physicians
What is the Effect of Recent, Landmark First Amendment Cases on the Ability of a Tax Exempt Organization to Engage in Political Activities?
In 2010, the United States Supreme Court in Citizens United v. Federal Election Commission ("Citizens United") reinforced the free speech rights of corporations and labor unions to participate in the political process through independent communications expressly advocating the election or defeat of a clearly identified candidate. Also in 2010, the United States District Court for the Western District of Michigan held in Michigan Chamber of Commerce v. Land1 ("Michigan Chamber of Commerce") that corporations could pool their resources with other corporations in order to exercise their rights to make independent expenditures expressly advocating the election or defeat of a candidate. Read More ›
Categories: Hospitals, Physicians, Tax
Final ACO Regulations are Released - Is this the Beginning of a New Era for Health Care?
The U.S. Department of Health and Human Services released the final rules for Accountable Care Organizations ("ACOs") on October 20, 2011. (The final rules will be officially published in the November 2, 2011 issue of the federal register.) The Centers for Medicare and Medicaid Services issued a press release that contains an overview of the ACO initiative as well as relevant links to related documents. Read More ›
Categories: Accountable Care Organizations, Health Care Reform, Hospitals, Physicians
Choosing Your Health Care Alliance Partner
Everyone in the health care industry is confronted with consolidation. If you are a health care provider, you are likely to be confronted with it as governmental regulations and cost pressures continue to prompt alliances and networks among competitors. Also, anyone looking to engage in the new Accountable Care Organizations created by the Health Reform Act most likely will be joining forces with additional health care entities. As a health care business attorney, I have been on both sides of the table. If you are considering an alliance, here are a few suggestions for you to consider based upon my experience in selecting an alliance or network partner. Read More ›
Categories: Health Care Reform, Hospitals, Insurance, Physicians
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
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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.