Articles and Blogs

On December 8, 2014, the Department of Health and Human Services (“HHS”) announced that it had reached a settlement with a nonprofit, community mental health care provider (“Provider”) arising out of alleged violations of the Security Rule under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The settlement comes after an HHS... READ MORE

On November 20, 2014, President Obama announced the Immigration Accountability Executive Action, a series of steps directed toward reforming the United States’ immigration system. Although the media’s attention has primarily focused on provisions relating to deferred action for unauthorized persons, the measures also contain several initiatives aimed at improving the nation’s employment-based immigration system.... READ MORE

The Department of Labor published regulations last week that will make it unlawful for federal contractors to discriminate in employment based on sexual orientation and gender identity.  The regulations will become effective in early April, 120 days after being published in the Federal Register.  READ MORE

The IRS recently announced that the federal estate tax exemption amount will increase to $5,430,000 per person effective for individuals dying in or after 2015. The effects of this large exemption amount are addressed in this issue of Hall Render’s Estate Planning Insights audio series.  Please join Doug Long, Shareholder at Hall, Render, Killian,... READ MORE

Hope for Permanent SGR Reform in 2014 Ends On Thursday, December 4, lawmakers who back legislation that would permanently repeal and replace the Sustainable Growth Rate (“SGR”) announced that efforts to pass the measure this year have ended. According to Politico, the co-chairman of the House Republican Doctors Caucus, Rep. Phil Roe (R-TN), said... READ MORE

The Indiana Court of Appeals recently issued an opinion in the case of Walgreen Co. vs Hinchy that could permanently alter the landscape for employer liability for HIPAA violations committed by employees.  Health care providers should be aware of this case and take actions to limit their exposure to this type of liability. Background... READ MORE

In U.S. ex rel. Grenadyor v. Ukranian Village Pharmacy, Inc. et al., the Seventh Circuit affirmed a trial court’s dismissal  of a whistleblower’s complaint for its failure to provide sufficient specificity regarding the alleged fraud. In the opinion, Judge Posner drives a stake through the heart of a common boilerplate phrase  with clarity and precision that makes a... READ MORE

On December 1, the First Circuit Court of Appeals released a decision denying two Relators’ appeal of their False Claims Act action due to its failure to satisfy the Act’s first-to-file bar. Though the procedural path of the case is convoluted, the result is clear and the decision sound. READ MORE

When can a hospital bar access to the premises when employees are off duty?  According to the NLRB in a recent case, it will depend on the hospital’s rule, how it is written and how much discretion the hospital has in interpreting the meaning of “hospital-related business.” Cafeteria Operator in the Hospital The hospital... READ MORE

This week, the Centers for Medicare & Medicaid Services (“CMS”) announced that it is extending the deadline for eligible hospitals and critical access hospitals (“CAHs”) to attest to meaningful use for the Medicare Electronic Health Record  Incentive Program for the 2014 reporting year from 11:59 PM EST on November 30, 2014 to 11:59 PM EST on December... READ MORE