Articles and Blogs

On Wednesday, April 3, the Internal Revenue Service (“IRS”) released a new round of Proposed Regulations that expand upon, and address uncertainties regarding, the requirements of Code Section 501(r) applicable to tax-exempt hospital organizations. These new Proposed Regulations provide guidance on the community health needs assessment requirements and related excise tax and reporting obligations.... READ MORE

Following the recent CMS Administrator’s Ruling CMS-1455-R, CMS issued a Program Transmittal with claims processing instructions related to the rebilling of denied inpatient claims under the interim rebilling policy.  A corresponding article intended for hospitals was released on March 22, 2013 and can be found on the CMS website here. READ MORE

Executive Summary On March 26, 2013, the Office of Inspector General (“OIG”) released a special fraud alert (“Alert”) regarding physician-owned distributorships (“PODs”). PODs are entities that sell, or arrange for the sale of, implantable medical devices that may be used by the physician-owners or others for procedures on patients in hospitals and ambulatory surgery centers... READ MORE

U.S. Customs and Border Protection (“CBP”) announced today that it has submitted a rule to the Federal Register that will automate Form I-94 Arrival/Departure Record. Automation of the current paper-based process will streamline the admissions protocol for individuals lawfully visiting the United States. The automation means that affected visitors will no longer need to... READ MORE

In Laska v. General Casualty Company of Wisconsin, No. 2010AP2410, slip op. (WI App Mar. 14, 2013), the Wisconsin Court of Appeals held that charitable hospitals may, instead of billing Medicare for treatment of a patient, pursue payment by filing a statutory lien against any tort claims and any settlement or judgment resulting from... READ MORE

On October 1, 2012, the Centers for Medicare and Medicaid Services (“CMS”) began withholding 1% of hospital Medicare reimbursement payments as a part of the Value-Based Purchasing (“VBP”) program. The withheld amount will increase 0.25% each fiscal year until it is capped at 2% for FY 2017. Under the VBP program, hospitals compete with one... READ MORE

This article is Part II in a five-part series of articles discussing the recently published federal Physician Payment Sunshine Act (“Sunshine Act”).  This article focuses on issues specific to group purchasing organizations and physician investment in health product manufacturers.  The first article in the series provided an overview of the major sections of the... READ MORE

On Friday, March 8, 2013, the Internal Revenue Service (“IRS”) released Form 14429, Tax Exempt Bonds Voluntary Closing Agreement Program Request. The new form is required for a Tax Exempt Bonds Voluntary Closing Agreement Program (“VCAP”) submission request. VCAP provides remedies for issuers of tax-advantaged bonds (e.g., 501(c)(3) tax-exempt bonds) who voluntarily come forward... READ MORE

Executive Summary The Office of Inspector General (“OIG”) released a report on March 6 that showed a significant number of Long-Term Care Hospitals (“LTCHs”) that are co-located with skilled nursing facilities (“SNFs”) or acute care hospitals are failing to notify their Medicare Administrative Contractor (“MAC”) or fiscal intermediary (“FI”) of their co-located status. The... READ MORE

USCIS announced that tomorrow, March 8, 2013, they will release a new Form I-9.  Employers must complete Form I-9 for employees hired after November 6, 1986 to verify the identity and employment eligibility of employees.  USCIS stated that the newly revised Form I-9 will include additional data fields, improved instructions and a new layout... READ MORE