Articles and Blogs

This installment of Hall Render’s Health Law Broadcast series on health care reform is designed to provide you with the insight, analysis and practical suggestions with respect to the various reform initiatives that will affect your organization. Under the Patient Protection and Affordable Care Act (“PPACA”), charitable hospitals are required to implement specified financial... READ MORE

On May 3, 2012, the Indiana Supreme Court heard oral arguments in the case of Plank vs. Community Hospital challenging the constitutionality of the medical malpractice damages cap. Plank was represented by Robert S. Peck of the Center for Constitutional Litigation PC and John Muller of Montross, Miller, Muller, Mendelson & Kennedy at the... READ MORE

For the past several years, the Internal Revenue Service (“IRS”) has increased its attention on tax-exempt bond post-issuance compliance.  Through the introduction of Form 990, Schedule K (Supplemental Information on Tax-Exempt Bonds), revisions to its Voluntary Closing Agreement Program (“VCAP”) to promote the implementation of written post-issuance compliance procedures, the use of compliance check... READ MORE

Overview The Centers for Medicare and Medicaid Services (“CMS”) has finalized another rule (“Final Rule”) implementing the President’s Executive Order 13563 calling for the removal or revision of obsolete, duplicative or unnecessary regulatory provisions for the purpose of reducing burdens and costs for a variety of providers and suppliers.  The Final Rule was published... READ MORE

Background On Tuesday, May 15, 2012, Cardinal Health (“Cardinal”) and the Drug Enforcement Agency (“DEA”) reported that they had reached a settlement related to Cardinal’s Lakeland, Florida distribution center’s (“Lakeland’s”) DEA license.  This settlement resolves the ongoing litigation between Cardinal and the DEA due to the DEA’s Immediate Suspension Order (“ISO”) issued to Lakeland... READ MORE

On May 2, 2012, the National Association of Bond Lawyers (“NABL”) submitted suggested clarifications and changes to Revenue Procedure 97-13 (“Rev. Proc. 97-13”) to the Internal Revenue Service (the “IRS”).  These comments were prepared by a subcommittee of NABL’s Tax Committee, which subcommittee included Kendall Schnurpel of Hall Render’s Health Care and Public Finance... READ MORE

On May 10, 2012, the Centers for Medicare and Medicaid Services (“CMS”) released an advance copy of a final rule (“Final Rule”) revising several critical access hospital (“CAH”) Medicare conditions of participation (“CoPs”).  These changes, together with a number of changes to the hospital CoPs, will benefit hospitals of both types by allowing for... READ MORE

Overview CMS has released a final rule (“Final Rule”) revising the hospital and critical access hospital (“CAH”) Medicare conditions of participation (“CoPs”).  This Final Rule implements President Obama’s Executive Order 13563 calling for removal or modification of obsolete or unnecessary regulations on hospitals and CAHs.  Indeed, the Final Rule reduces burdens, provides flexibility and... READ MORE

Background Throughout the existence of the Medicare Part D program, the Office of Inspector General (“OIG”) has issued several reports concerning the vulnerability of the Medicare Part D program in regards to its potential for fraud and abuse.  On May 9, 2012, the OIG released a report identifying eight questionable billing practices of retail pharmacies throughout... READ MORE

Wisconsin Physicians Service (WPS) will soon begin to serve as the Medicare Administrative Contractor (MAC) for Jurisdiction 8, which includes the states of Indiana and Michigan.  According to listserve communications, Indiana Part A providers and Michigan Part A providers will transition to WPS effective July 23, 2012.  Indiana Part B suppliers will transition to... READ MORE