Articles and Blogs

MedPAC Clarifies Position on Payment Update Late last week, the Medicare Payment Advisory Commission (“MedPAC”) reiterated its support for a 1% hospital payment update in FY 2014.  The commission that advises Congress on Medicare payment issues had been considering proposals that, if adopted, would have resulted in a negative payment update for hospitals following... READ MORE

On January 17, 2013, the Department of Health and Human Services (“HHS”) announced the issuance of the final rule (the “Rule”) arising from the Health Information Technology for Economic and Clinical Health Act (“HITECH”).  The Rule is scheduled to be published in the Federal Register on January 25, 2013. READ MORE

The recently passed American Taxpayer Relief Act of 2012 has potential implications for charitable giving.  The Act reinstitutes the so-called Pease Amendment (named after the late Ohio Congressman Donald Pease).  That Amendment, which was eliminated from the Internal Revenue Code in 2010, provides a floor for itemized deductions before any may count against adjusted gross income. ... READ MORE

Is Shared Lifting a “Reasonable” Accommodation? Employees who suffer from a bad back and have lifting restrictions always present a challenge to employers who attempt to accommodate those restrictions.  It’s discrimination under the ADA if the employer fails to make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a... READ MORE

On January 15, 2013, the Indiana Supreme Court issued a 5-0 opinion authored by Justice Robert Rucker in Plank vs. Community Hospital affirming the trial court’s denial of Plank’s request for an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act concluding that Plank had forfeited his opportunity to conduct such a... READ MORE

The NLRB Overrules 50 Years of Precedent Last month, the current NLRB once again left the labor relations world with its mouth agape when it decided that Dues Checkoff provisions will now survive the expiration of a collective bargaining agreement (“CBA”).  Nearly all CBAs have a provision that requires management to withhold from employee... READ MORE

The flu has recently made national headlines. This week, 41 states have seen widespread influenza activity, up from 31 states just the week before. Boston recently declared a public health emergency because of the flu, and mandatory flu shots made headlines when an Indiana hospital terminated six employees for refusing to get flu shots... READ MORE

MedPAC Votes on Final Recommendations for Hospital IPPS Update On January 10, the Medicare Payment Advisory Commission (“MedPAC”) voted on its 2014 reimbursement recommendations for hospitals.  The panel voted on recommending Congress to increase hospital payments by 1% for 2014.  The MedPAC recommendations will now be sent to Congress. The finalized recommendation for hospitals... READ MORE

In a suit brought against an Ohio nursing facility related to improper medication administration, the U.S. Court of Appeals for the Sixth Circuit allowed the use of res ipsa loquitur in finding a facility responsible for lapses in a resident’s medication regime.   READ MORE

NLRB Judge Rules That Clauses That Are Too Broad Are Illegal As we have seen in the recent months, the NLRB has been very focused on the rights of employees – union and non-union – to talk about their wages, hours and working conditions whether face-to-face or on Facebook.  A decision by an NLRB administrative law... READ MORE