Articles and Blogs

Year: 2012

Cardinal Health Reaches Settlement with DEA

[05/16/12]

Posted on May 16, 2012 in Health Law News

Published by: Hall Render

Background On Tuesday, May 15, 2012, Cardinal Health (“Cardinal”) and the Drug Enforcement Agency (“DEA”) reported that they had reached a settlement related to Cardinal’s Lakeland, Florida distribution center’s (“Lakeland’s”) DEA license.  This settlement resolves the ongoing litigation between Cardinal and the DEA due to the DEA’s Immediate Suspension Order (“ISO”) issued to Lakeland... READ MORE

National Association of Bond Lawyers, American Bar Association and American Hospital Association All Request Changes to Revenue Procedure 97-13

[05/16/12]

Posted on May 16, 2012 in Health Law News

Published by: Hall Render

On May 2, 2012, the National Association of Bond Lawyers (“NABL”) submitted suggested clarifications and changes to Revenue Procedure 97-13 (“Rev. Proc. 97-13”) to the Internal Revenue Service (the “IRS”).  These comments were prepared by a subcommittee of NABL’s Tax Committee, which subcommittee included Kendall Schnurpel of Hall Render’s Health Care and Public Finance... READ MORE

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New Vermont laws on abuse, neglect and exploitation of vulnerable adults residing in long term care facilities

[05/16/12]

Posted on May 16, 2012 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

Vermont Governor Peter Shumlin recently signed Vermont House Bill 413 into law.  The new law adds a new section to Vermont’s laws on abuse, neglect and exploitation of vulnerable adults residing in long term care facilities.  The new section allows Vermont’s Attorney General the right to pursue a civil action against individuals, nursing homes... READ MORE

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CMS Finalizes Revisions to the CAH CoPs

[05/15/12]

Posted on May 15, 2012 in Health Law News

Published by: Hall Render

On May 10, 2012, the Centers for Medicare and Medicaid Services (“CMS”) released an advance copy of a final rule (“Final Rule”) revising several critical access hospital (“CAH”) Medicare conditions of participation (“CoPs”).  These changes, together with a number of changes to the hospital CoPs, will benefit hospitals of both types by allowing for... READ MORE

CMS Reduces Regulatory Burdens on Hospitals and CAHs – Final Rule Modifies CoPs

[05/15/12]

Posted on May 15, 2012 in Health Law News

Published by: Hall Render

Overview CMS has released a final rule (“Final Rule”) revising the hospital and critical access hospital (“CAH”) Medicare conditions of participation (“CoPs”).  This Final Rule implements President Obama’s Executive Order 13563 calling for removal or modification of obsolete or unnecessary regulations on hospitals and CAHs.  Indeed, the Final Rule reduces burdens, provides flexibility and... READ MORE

NLRB’s “Quickie Election Rule” Set Aside by Federal Court

[05/14/12]

Posted on May 14, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Good news for private employers.  Today, May 14, 2012 the U. S. District Court for the District of Columbia ruled that the NLRB lacked a quorum when it took a final vote to issue it’s hotly debated “Quickie Election Rule”.  Consequently, the Rule that would have had the effect of drastically speeding up union... READ MORE

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OIG Study Perceives Questionable Part D Billing by Retail Pharmacies

[05/14/12]

Posted on May 14, 2012 in Health Law News

Published by: Hall Render

Background Throughout the existence of the Medicare Part D program, the Office of Inspector General (“OIG”) has issued several reports concerning the vulnerability of the Medicare Part D program in regards to its potential for fraud and abuse.  On May 9, 2012, the OIG released a report identifying eight questionable billing practices of retail pharmacies throughout... READ MORE

Uninsured Patients Challenge Discounts Given to Covered Patients

[05/14/12]

Posted on May 14, 2012 in Litigation Analysis

Published by: Hall Render

The Indiana Supreme Court heard argument on May 10, 2012, from two uninsured patients that claimed a non-profit hospital overbilled them. Specifically, they claimed the Hospital charged them more than insured patients for the same treatment. Both patients acknowledged signing contracts for payment in which they agreed to pay the Hospital’s bill if the... READ MORE

This Week in Washington – May 11, 2012

[05/11/12]

Posted on May 11, 2012 in Federal Advocacy

Written by: John Williams

House Reconciliation Bill Cuts Health Care Spending The House of Representatives voted along party lines Thursday to pass a bill that makes major cuts in Medicaid spending while allowing across-the-board Medicare cuts to take effect as scheduled. The budget reconciliation bill introduced earlier in the week by House Budget Committee Chairman Paul Ryan and adopted... READ MORE