Articles and Blogs

The operational and financial role of health information technology (“HIT”) is rapidly increasing.  The provision of HIT services and products is generally governed by lengthy and complex agreements.  Unless you are directly and actively involved in the negotiation process for each product or service, reviewing, understanding and evaluating these agreements can be a daunting... READ MORE

Some Employees of Religious Employers Are Not Protected by Discrimination Laws On January 11, 2012, the Supreme Court of the United States, in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, definitively ruled that the First Amendment bars employment discrimination suits that challenge a religious organization’s decision to fire a “minister.”  Although... READ MORE

The year that just ended was filled with an amazing volume of significant developments coming from the National Labor Relations Board affecting private employers.  Those developments were driven by a Board that was never up to its full complement of five members – until now. Recess Appointments to the NLRB Bring Controversy On January... READ MORE

The Department of Justice (“DOJ”) announced another I-9 settlement in which the University of California San Diego Medical Center agreed to pay a $115,000 civil penalty for improper I-9 procedures.  In addition to the civil penalty imposed, the organization must also implement new I-9 procedures, conduct I-9 training and work with the DOJ moving... READ MORE

January 9, 2012 Indiana’s Right-to-Work Battle Heats Up The Indiana General Assembly is “Ground Zero” in the epic battle over the so-called “Right-to-Work” legislation. So much has been written about “Right-to-Work” that it makes some sense to understand what the Indiana proposed legislation actually says. Some Background about “Right-to-Work” Most private non-governmental employers are... READ MORE

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.   Overview On December 21, 2011, CMS issued a notice soliciting applications for the Independence at Home (“IAH”)... READ MORE

Executive Summary On December 14, 2011, the Centers for Medicare and Medicaid Services (“CMS”) released a long-awaited proposed rule, Transparency Reports and Reporting of Physician Ownership of Investment Interests (“Proposed Rule”), discussing the implementation of the physician payment “sunshine” provisions of the Patient Protection and Affordable Care Act (“PPACA”), commonly referred to as the... READ MORE

This past year has gone by rather quickly, and there has been a lot of activity in the employment and labor area – especially in the labor area! The National Labor Relations Board was particularly active with expansive rulings on employee use of Facebook and social media, walkouts, banners, rat balloons, hand billing, discussion... READ MORE

On November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) published the CY 2012 OPPS/ASC Final Rule with comment period (“Final Rule”) that established a formal process for review and reconsideration of the supervision level assigned to certain outpatient therapeutic services furnished in hospitals and critical access hospitals (“CAHs”).  The Final Rule... READ MORE

Summary On November 30, 2011, the Centers for Medicare and Medicaid Services (“CMS”) published the CY 2012 OPPS/ASC Final Rule with comment period (“Final Rule”).  In the Final Rule, CMS revised provider agreement regulations addressing hospital and critical access hospital (“CAH”) patient notification requirements for situations where a physician is not present in the... READ MORE