Articles and Blogs

On September 14, 2016, the Office for Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) issued a list of Frequently Asked Questions (“FAQs”) addressing the language tagline requirements imposed by Section 1557 of the Affordable Care Act (“ACA”). Along with the FAQs, OCR also released a list of the top... READ MORE

Earlier this year, we reported on several benefits associated with the new Stark exception for timeshare arrangements. While we believe that, under many circumstances, the new timeshare exception is an improvement over the space lease exception, it does have several limitations. Before a health care provider enters into a timeshare license that is designed... READ MORE

As part of their mission and outreach, health care providers (“Provider(s)”) often establish patient assistance programs offering free or discounted services or items in an effort to promote preventive health and wellness in their communities (e.g., free health screenings, treatment or testing, pharmaceuticals, accommodations and transportation services) (“Programs”). The goals of such Programs are... READ MORE

On August 2, 2016, the Treasury Department issued Proposed Regulations under Section 2704 of the Internal Revenue Code. This development has been reported as one of the most significant developments in the federal estate and gift tax law in the last 25 years. If you own stock in a family Subchapter S or Subchapter... READ MORE

Last month on August 2, 2016, the Treasury Department issued Proposed Regulations under Section 2704 of the Internal Revenue Code. This development has been reported as one of the most significant developments in the federal estate and gift tax law in the last 25 years. These Regulations relate to valuing stock, partnership interests and limited... READ MORE

An increasing number of employer-sponsored health plans are electing not to enter into contractual agreements with hospitals through an established provider network. These plans seek to limit payment for hospital services provided to plan beneficiaries by repricing the services at a plan-determined amount, typically based upon a percentage of Medicare reimbursement, an amount far below... READ MORE

As has been widely reported, CMS’s Acting Administrator, Andy Slavitt, recently announced four participation options under the Quality Payment Program (i.e., participation in the MIPS and Advanced APM programs) for 2017. In part because the September 8 announcement provides only summary descriptions, many questions surround the four participation options and their implementation for 2017.... READ MORE

Background Hospitals and other facilities that are accredited by The Joint Commission work to ensure compliance with The Joint Commission’s “Life Safety” chapter, which requires compliance with the National Fire Protection Association’s NFPA 101: Life Safety Code (“LSC”).  As part of those efforts, many accredited facilities have used The Joint Commission’s Statement of Conditions (“SOC”) as... READ MORE

On September 8, 2016, the Michigan Senate passed a bill on a 22-15 vote, which expands the scope of practice for certified nurse anesthetists (“NAs”). Senate Bill 1019 amends Sections 17210 and 17708 of the Michigan Public Health Code (the “Code”). Specifically, the bill adds certain anesthesia and analgesia services to an NA’s scope of... READ MORE

Hospitals are increasingly becoming targets for investment by real estate investment trusts (“REITs”), with the past year seeing a number of high profile joint ventures between REITs and health care providers structured as RIDEA investments. While hospital/REIT joint ventures can help hospitals fund expansions or monetize valuable real estate assets, hospitals should enter into... READ MORE