Articles and Blogs

Year: 2012

The Supreme Court Rules that the Affordable Care Act Is Constitutional; the Individual Mandate Survives

[06/28/12]

Posted on June 28, 2012 in Health Law News

Published by: Hall Render

This installment of Hall Render’s Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization. The Supreme Court issued its much anticipated opinion today by upholding the Affordable Care Act. The individual mandate... READ MORE

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IRS Proposed Regulations on New Requirements for Charitable Hospitals: Part III – Limitations on Charges

[06/27/12]

Posted on June 27, 2012 in Health Law News

Published by: Hall Render

This Health Care Tax News article is Part III in a series discussing the Proposed Regulations under Code Section 501(r).  The first installment provided an overview of the Proposed Regulations, and the second installment addressed the requirements for maintaining written financial assistance policies and written emergency medical care policies. Under the Patient Protection and... READ MORE

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OIG Reaffirms Its Disapproval of Medicare “Carve-Outs” and Contractual Joint Ventures

[06/27/12]

Posted on June 27, 2012 in Health Law News

Published by: Hall Render

On May 25, 2012, the Department of Health and Human Services Office of the Inspector General (“OIG”) issued OIG Advisory Opinion 12-06 (the “AO”) finding that two proposed anesthesia services arrangements between a physician-owned anesthesia services provider and physician-owned ambulatory surgical centers (“ASC”) would violate the Federal Anti-Kickback Statute (“AKS”) if the parties had... READ MORE

HHS Settles HIPAA Security Case with State Agency for $1.7 Million

[06/27/12]

Posted on June 27, 2012 in Health Law News

Published by: Hall Render

On June 26, 2012, the Department of Health and Human Services (“HHS”) announced that it had reached a settlement with the Alaska Department of Health and Social Services (“Alaska DHSS”) arising from potential violations of the Security Rule under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  HHS learned of the circumstances... READ MORE

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Breathe Easy Indiana – No-Smoking Law Effective July 1

[06/27/12]

Posted on June 27, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Indiana’s statewide smoke-free air law begins July 1, 2012 and every county in Indiana will be covered by a smoke-free air law. Nearly all public places in the state, including restaurants and other workplaces, will be smoke-free. Breathe Indiana Website The state has established a very helpful website that will help Indiana employers and... READ MORE

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IRS Proposed Regulations on New Requirements for Charitable Hospitals: Part II – The Financial Assistance Policy Provisions

[06/26/12]

Posted on June 26, 2012 in Health Law News

Published by: Hall Render

This Health Care Tax News article is Part II in a series discussing the Proposed Regulations under Code Section 501(r).  The previous installment provided a general overview of the Proposed Regulations and addressed their applicability to “Hospital Organizations” and “Hospital Facilities” and can be accessed by clicking here.  The Patient Protection and Affordable Care... READ MORE

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IRS Issues Proposed Regulations Clarifying New Requirements for Charitable Hospitals

[06/25/12]

Posted on June 25, 2012 in Health Law News

Published by: Hall Render

This Health Care Tax News article is Part I in a series discussing the Proposed Regulations under Code Section 501(r). While the health care industry has been awaiting the Supreme Court’s ruling on the constitutionality of the Patient Protection and Affordable Care Act (“ACA”), the Internal Revenue Service (“IRS”) has been proceeding with its... READ MORE

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Title VII Doesn’t Cover Discrimination Based on Immigration Status

[06/25/12]

Posted on June 25, 2012 in HR Insights for Health Care

Written by: Dana E. Stutzman

The Seventh Circuit, which covers Indiana, Illinois, and Wisconsin, recently ruled that a bank’s alleged bias against one of its managers based on the immigration status of the manager’s husband is not actionable under Title VII.  (In other words, Title VII doesn’t cover discrimination based on immigration or citizenship status.)  In affirming the lower... READ MORE

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FCA – ACA = ?

[06/25/12]

Posted on June 25, 2012 in False Claims Act Defense

Written by: David B. Honig

This Thursday, June 28, 2012, the United States Supreme Court will decide the fate of the Patient Protection and Affordable Care Act, aka “Obamacare.” In so doing, it may also make significant changes in one of the newest and most complicated amendments the False Claims Act, with results that are almost impossible to predict.... READ MORE

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This Week in Washington – June 22, 2012

[06/22/12]

Posted on June 22, 2012 in Federal Advocacy

Written by: John Williams

Supreme Court Decision Due Next Week The U.S. Supreme Court issued a series of opinions on June 18 and June 21 but did not release the health care ruling.  Monday is the last official opinion day on the court calendar, though it appears the court could hand down additional rulings as late as next... READ MORE