Articles and Blogs

Moving Target of Compliance Over the past few years, we have written about the NLRB’s focus on private employer social media policies (see the references to our past HR Insights Blog posts below).  The decisions are hard to reconcile, and employers (and their advisors) are left to guess what may be seen by the NLRB... READ MORE

Hall Render Meets with Energy and Commerce Committee Staff on Telemedicine Initiative On July 15, Hall Render attorneys John Williams, Jeff Short and Michael Batt met with professional staff at the House Energy and Commerce Committee to discuss what steps Congress can take to remove the legislative and regulatory barriers that currently impede the... READ MORE

On July 15, a new law in Kentucky took effect that expands the prescribing authority for advanced practice registered nurses (“APRNs”). Kentucky Revised Statutes 314.042 allows APRNs that have been prescribing non-scheduled legend drugs under physician supervision for four years to prescribe these drugs without physician oversight. Proponents of the law say that the... READ MORE

Background On July 14, 2014, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule that would allow physician-owned hospitals to use additional data sources to support requests for exceptions to the ban on expansion of physician-owned hospitals.1 Under the Affordable Care Act’s (“ACA’s”) amendments to the Physician Self-Referral Law (“Stark Law”),... READ MORE

Unlawful Interference Private employees have the right to engage – or not to engage – in activities in support of a union or each other relating to wages, hours and working conditions.  It’s unlawful for private employers to “interfere” with those rights.  Spying on employees or even just creating the impression of surveillance has... READ MORE

The Equal Employment Opportunity Commission on July 14, 2014 issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with Questions and Answers about the guidance and a Fact Sheet for Small Businesses. This is the first comprehensive update of the EEOC’s guidance on the subject of discrimination against pregnant workers since 1983. This... READ MORE

Kentucky pharmacists take note: soon you may have to update your prescription drug tracking and dispensation procedures to reflect proposed changes to the Kentucky Administrative Regulations. Section 045 of Chapter 55 in Title 902 of the Kentucky Administrative Regulations currently contains a list of drugs that are excluded from the licensing, distribution, recordkeeping and... READ MORE

At a recent roundtable, the Senate Special Committee on Aging criticized the Medicare claims review process, suggesting it unfairly burdened providers and failed to improve program integrity. The senators blamed the current payment system for the auditors and suggested moving from an arrangement that currently incentivizes recovery of overpayments to one that incentivizes reducing... READ MORE

On July 14, 2014, the Centers for Medicare & Medicaid Services (“CMS”) issued the Outpatient Prospective Payment System Proposed Rule for Calendar Year 2015 (“Proposed Rule”), but the Proposed Rule also addresses issues unrelated to OPPS.  Among other changes, the Proposed Rule eliminates the physician certification statement requirement for most inpatient stays paid under... READ MORE

S.2501 Eliminates Readmission Penalties Related to Patient Socioeconomic Status On June 19, 2014, U.S. Senators Manchin, Wicker, Kirk and Nelson introduced Senate Bill 2501 entitled The Hospital Readmissions Program Accuracy and Accountability Act of 2014 (“S.2501”) to ensure that hospitals experiencing excessive readmissions are not financially penalized for serving low-income patients.  S.2501 was referred... READ MORE