Articles and Blogs

A New Jersey Court of Appeals recently held that a resident’s daughter, who signed the admission agreement as the resident’s “responsible party” and who had access to the resident’s income and resources, liable for not using such income and resources to pay the long term care facility for the resident’s stay and care at... READ MORE

Recently, the Indiana State Department of Administration, on behalf of Indiana’s Family and Social Services Administration (FSSA), signed contracts with four law firms for Indiana Medicaid estate recovery. FSSA divided the contracts into three regions: Northern Indiana, Central Indiana, and Southern Indiana. Cases will be assigned by Indiana’s Office of Medicaid Policy and Planning... READ MORE

Medicaid Provider Taxes Targeted…Again The Republican Leadership of the House and Senate put the Medicaid provider tax threshold on the table again this week, this time as a way to pay for a one-year extension of the interest rate for subsidized Stafford student loans that expires on July 1, 2012.  A similar proposal was... READ MORE

State attorneys general are beginning to focus their attention on health care privacy laws under the authority granted to them by the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and state consumer laws.  On May 24, 2012, Massachusetts Attorney General Martha Coakley announced the filing of a final judgment with a... READ MORE

On the heels of last week’s failure for the antipsychotic measures to pass the Senate, the Centers for Medicare & Medicaid Services (CMS) has just announced an initiative to reduce antipsychotic use in nursing facilities.  Yesterday, CMS officials announced a multi-year initiative to improve dementia care for residents of nursing homes by reducing the inappropriate... READ MORE

On May 11, 2012, the Centers for Medicare and Medicaid Services (“CMS”) issued the 2013 Inpatient Prospective Payment System (“IPPS”) Proposed Rule.  In the IPPS Proposed Rule, CMS proposed to change the rules for: Calculating new teaching hospital full-time equivalent cap (“FTE cap”) by moving from a 3-year window to a 5-year window; What... READ MORE

Last Thursday, a proposed regulation aimed at curbing the high levels of “off-label” uses for antipsychotic medications failed to pass the Senate.  This proposed legislation relates back to a report last November by Daniel R. Levinson, the U.S. Inspector General, that exposed the high levels of antipsychotic medications administered to nursing facility residents.  That report stated a... READ MORE

Senate Passes FDA Reauthorization Bill In a rare display of bipartisanship, the Senate passed the Food and Drug Administration Safety and Innovation Act (S.3187) Thursday night by a vote of 96-1.  The legislation, sponsored by Sens. Mike Enzi (R-WY) and Tom Harkin (D-IA), creates a user-fee program for biosimilar and generic drugs.  It also... READ MORE

On May 18, 2012, the Wisconsin Supreme Court affirmed  a decision by the Wisconsin Court of Appeals,  which held that individuals with disabilities that are likely to be permanent and not capable of rehabilitation should be treated under Wisconsin Statutes Chapter 55 rather than Chapter 51. The case, In Re Helen E.F., reached the... READ MORE

Starbucks has a reputation for making great coffee.  It values that reputation and when employees use obscenities in the store in front of customers something has to be done. That’s what happened at a Starbucks store in Manhattan where a vocal union organizer got even more vocal in the store and used obscenities in... READ MORE