Articles and Blogs

Employers that sponsor retirement and health plans subject to the Employee Retirement Income Security Act (“ERISA”) face significant potential fiduciary liability under the law. However, many employers have little or no training for their executives and staff on discharging those fiduciary responsibilities so as to limit that liability. Training can be costly and difficult... READ MORE

Recently, the Centers for Medicare & Medicaid Services (“CMS”) published additional guidance for Medicare eligible hospitals seeking to avoid the 2016 Medicare EHR Incentive Program payment adjustment. Medicare eligible hospitals can avoid the 2016 payment adjustment by taking action by April 1 and applying for a 2016 hardship exception. The hardship exception application and instructions for Medicare... READ MORE

A company that provides wheelchair accessible van transportation services to clients, including the Department of Veterans Affairs, got into trouble when it required employees to sign a confidentiality agreement that the NLRB found interfered with employees’ protected rights. The company was ordered to rescind the unlawful portions of the agreement and notify all employees that... READ MORE

Code Section 501(r) and its corresponding regulations will pose significant challenges for tax-exempt hospital organizations in 2015 and beyond.  While operational personnel will shoulder much of the implementation burden, hospital CEOs and board members must have a general understanding of the new requirements to ensure that the compliance efforts proceed on schedule and to... READ MORE

House Republicans Release ACA Alternative On Monday, March 2, the chairmen of the three health-related committees in the House of Representatives, Reps. Paul Ryan (R-WI), Fred Upton (R-MI) and John Kline (R-MN), outlined an Affordable Care Act (“ACA”) alternative for states that opt out of running a federal exchange. The proposal, which was published... READ MORE

Hall Render is pleased to announce that shareholder Wallis Stromberg, J.D., has joined the firm’s Denver office.  Stromberg’s practice focuses on the representation of physicians, hospitals, provider networks and other health care providers.   Mr. Stromberg’s work includes advising clients on contracting; the organization, sale and acquisition of their businesses; employment matters; financing transactions; recruitment;... READ MORE

On March 4, 2015, the Centers for Medicare & Medicaid Services (“CMS”) announced a voluntary Self-Referral Disclosure Protocol (“SRDP”) that will allow physician-owned hospitals and rural providers an alternative way to remedy certain issues of noncompliance with the federal Stark Law (“Stark Law”).1  CMS has provided special instructions regarding a voluntary SRDP for physician-owned hospitals... READ MORE

Join Hall Render Attorney Robert Markette on March 10 for: How Home Care and Acute Care Can Work Together With the rise of ACOs and other new payment models, acute care providers are beginning to reconsider their involvement with post-acute care. As pay for performance, shared savings and other models that pay based upon... READ MORE

With the rise of ACOs and other new payment models, acute care providers are beginning to reconsider their involvement with post-acute care. As pay for performance, shared savings and other models that pay based upon quality and savings become increasingly common, hospitals are becoming more aware of the ways in which post-acute care impacts... READ MORE

Employers may run into trouble with employees and the NLRB for interfering with protected activity if social media posts are restricted. On the other hand, employers could be liable to customers if they permit employees to post hostile statements and information. This quandary was highlighted by the holding in a recent federal court case. Was... READ MORE