Articles and Blogs

Year: 2013

Wisconsin Supreme Court Declines to Address the Mature Minor Doctrine

[07/11/13]

Posted on July 11, 2013 in Litigation Analysis

Published by: Hall Render

On July 10, 2013, the Wisconsin Supreme Court released its decision in Dane County v. Sheila W., 2013 WI 63 (per curiam), in which it affirmed the Court of Appeals’ dismissal of the case because the issues were rendered moot, or no longer in controversy, by the expiration of the underlying order appointing a temporary... READ MORE

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Hall Render Shareholder Laura Napiewocki Receives 2013 Michigan Regent’s Award for Early Careerist

[07/08/13]

Posted on July 8, 2013 in Firm News

Published by: Hall Render

Hall Render is pleased to announce Shareholder Laura Napiewocki has been nominated and selected for the American College of Healthcare Executives’ 2013 Michigan Regent’s Award for Early Careerist. Napiewocki counsels Hall Render clients in numerous aspects of health care law.  She focuses on matters regarding corporate counsel, employment law, medical staff and peer review,... READ MORE

Obama Administration Takes Its Foot off the Gas Pedal, Announces One-Year Delay of the Employer Mandate

[07/03/13]

Posted on July 3, 2013 in HR Insights for Health Care

Published by: Hall Render

Late in the day on July 2, 2013, the Obama Administration announced via two blog posts that it will provide a one-year delay to the implementation of significant aspects of the Affordable Care Act (“ACA”) affecting employers.  This delay applies to: (1) the ACA’s new health care coverage reporting requirements applicable to employers, insurers... READ MORE

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Rebasing Has Arrived – CMS Publishes Home Health PPS 2014 Proposed Rule

[07/02/13]

Posted on July 2, 2013 in Long-Term Care, Home Health & Hospice

Written by: Robert W. Markette

On June 27, 2013, CMS released the proposed home health prospective payment rule (the “PPS Rule”) for calendar year 2014.  While refinements to the ICD-9-CM and discussions of ICD-10-CM implementation are of interest, the most notable change to the PPS Rule for 2014 is CMS’s long-awaited proposal for rebasing home health payments.  Once it... READ MORE

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Indiana Case: Nursing Home Could Not Collect Wife’s Debt from Husband’s Estate under Doctrine of Necessaries

[06/28/13]

Posted on June 28, 2013 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

In Indiana, a spouse can be obligated to pay for medical care received by the other spouse under the doctrine of necessaries. The modern version of the doctrine of necessaries imposes limited secondary liability upon the financially superior spouse when the other spouse is unable to pay for his or her necessary expenses using... READ MORE

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This Week in Washington – June 28, 2013

[06/28/13]

Posted on June 28, 2013 in Federal Advocacy

Written by: John Williams

Providers Discuss RAC Program with Senate Finance Committee On Tuesday, June 25, the Senate Finance Committee held an oversight hearing on the Recovery Audit Contractors (“RAC”) program.  With two of the three witnesses representing provider groups, the bulk of the hearing focused on the compliance burdens accompanying RAC document requests and reviews. READ MORE

Indiana’s New Physician Orders for Scope of Treatment (“POST”) Law

[06/27/13]

Posted on June 27, 2013 in Long-Term Care, Home Health & Hospice

Written by: Fahey, Sean J.

On July 1, 2013, a new law comes into effect in Indiana that dramatically impacts an individual’s ability to provide greater certainty with respect to his or her end of life care planning and offers a new advance directive to individuals. Indiana recently enacted a law, Indiana Code Section 16-36-6, that establishes the use... READ MORE

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Hall Render Attorney Elected Chair of KBA Construction and Public Contract Law Section

[06/26/13]

Posted on June 26, 2013 in Firm News

Published by: Hall Render

Attorney Brian Veeneman was recently elected Chair of the Kentucky Bar Association’sConstruction and Public Contract Law Section.  The Section works to assist lawyers in the practice of construction and public contract law and to conduct programs of interest and value to lawyers and the construction industry.  Veeneman works in Hall Render’s construction law practice area... READ MORE

“But-For” the Supreme Court – It Would Have Been Easier to Prove Retaliation

[06/25/13]

Posted on June 25, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

It has been a busy week for the Supreme Court as it reaches the end of its current term.  On Monday, two significant decisions were handed down that directly affect employment law.  The first was the Court’s clarification of the meaning of “supervisor” for purposes of Title VII discrimination.  The second decision deals with... READ MORE

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Who Is a Supervisor? The Supreme Court Has the Answer

[06/24/13]

Posted on June 24, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Today, June 24, 2013, the U. S. Supreme Court cleared the air on the question of who is a supervisor for purposes of discrimination cases arising under Title VII of the Civil Rights Act.  In this case that has been pending since 2006, the Court, in a 5 to 4 decision, ruled that the... READ MORE

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