Articles and Blogs

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”).  Because the Final Rule covers... READ MORE

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”). Because the Final Rule covers... READ MORE

Summary Tax-exempt Hospital Organizations will have to take extensive action in the days ahead to ensure compliance with Code Section 501(r). In addition to completing their first community health needs assessments (“CHNAs”) by the end of their current tax years, these Hospital Organizations now face detailed and complicated Proposed Regulations that will govern the other aspects... READ MORE

On January 25, 2013, the Department of Health and Human Services (“HHS”) formally published its Omnibus Final Rule (“Final Rule”), which includes modifications to the HIPAA Privacy and Security Rules under the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the Genetic Information Nondiscrimination Act (“GINA”). Because the Final Rule covers a... READ MORE

Executive Summary In Vincent v. Quality Addiction Management, Inc., No. 2:11-cv-205 (E.D. Wis. January 14, 2013), the United States District Court for the Eastern District of Wisconsin narrowly construed Wisconsin’s physician-patient privilege to partially grant a motion to compel defendant Quality Addiction Management, Inc. (“QAM”) to disclose the medical records of the co-defendant (“Madison”)... READ MORE

Executive Summary The recently passed American Taxpayer Relief Act of 2012 (“Act”) contains a provision that extends the recovery period for the collection of certain Medicare overpayments. Specifically, Section 638 of the Act amends Section 1870 of the Social Security Act (“SSA”) to extend the recovery period for “without fault” overpayments from three years to... READ MORE

The U.S. Supreme Court has eliminated the possibility of a provider trying to claim additional Medicare cost report reimbursement under the legal theory of equitable tolling in its opinion published today: Sebelius v. Auburn Regional Medical Center (“Auburn”).  The result of this opinion places even more importance on ensuring providers adhere to the statutorily... READ MORE

Over the past three years, we have reported on how the NLRB has focused on numerous employer policies and practices that it found to be unlawfully overbroad. The NLRB reasoned that the overbroad policies could lead an employee to reasonably conclude that the employer’s policy or practice interfered with the employee’s protected right to... READ MORE

On January 17, 2013, the Department of Health and Human Services (“HHS”) announced the issuance of the final rule (the “Rule”) arising from the Health Information Technology for Economic and Clinical Health Act (“HITECH”).  The Rule is scheduled to be published in the Federal Register on January 25, 2013. READ MORE

The recently passed American Taxpayer Relief Act of 2012 has potential implications for charitable giving.  The Act reinstitutes the so-called Pease Amendment (named after the late Ohio Congressman Donald Pease).  That Amendment, which was eliminated from the Internal Revenue Code in 2010, provides a floor for itemized deductions before any may count against adjusted gross income. ... READ MORE