Articles and Blogs

Overview and Executive Summary On Friday, December 21, 2012, the Drug Enforcement Administration (“DEA”) released an important proposed rule governing the secure disposal of unused controlled substances.  This rule (the “Proposed Rule”) was developed to implement provisions of the Secure and Responsible Drug Disposal Act of 2010 (“Disposal Act”) and proposes a number of... READ MORE

Executive Summary On December 19, 2012, the Department of Health and Human Services Office of  Inspector General (“OIG”) posted OIG Advisory Opinion 12-20 (the “AO”) permitting a hospital (the “Requestor”) to provide to physicians, free of charge, an electronic interface that would enable the physicians to transmit orders for lab and diagnostic services to... READ MORE

Introduction On December 19, 2012, the Indiana Supreme Court issued a landmark decision holding that a self-pay or out-of-network patient who contractually agrees to pay “the account” for medical services rendered by a hospital, may be liable for rates as set by the hospital’s chargemaster.  The patient may not thereafter challenge the hospital’s billed... READ MORE

Executive Summary Under the Federal Stark Law, for calendar year 2013 hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $380.  The dollar limit for “medical staff incidental benefits” (e.g., meals, parking, other items or incidental services that are used on the hospital’s campus) increases slightly for 2013 to less... READ MORE

Working from home and keeping time It’s becoming more and more common for employees to work from home.  Of course when they work they are to be paid for that work.  But what if the employee works but doesn’t follow the employer’s policy in keeping track of that time.  Are they still entitled to be... READ MORE

Introduction On November 29, 2012, Rep. Bill Cassidy (R-LA) and several other congressmen introduced HR 6611, the Patient Access to Drugs in Shortage Act (“Drug Shortage Act” or the “Act”), a new bill aimed at curbing drug shortages of generic sterile injectable drugs (“Sterile Injectables”).  If enacted, the Drug Shortage Act could have a... READ MORE

Introduction On November 8, 2012, the Centers for Medicare and Medicaid Services (“CMS”) published the Home Health Prospective Payment System Final Rule for Calendar Year (“CY”) 2013 (“Final Rule”) in the Federal Register.  This alert addresses some of the most notable components of the Final Rule in order to assist Home Health Agencies (“HHAs”)... READ MORE

Hall Render has learned that Texas Republican Kevin Brady will become the new Chairman of the House Ways and Means Health Subcommitee in Washington, D.C. The 7-term representative of the 8th District northwest of Houston is currently Chairman of the Trade Subcommittee and the third most senior member of the full Ways and Means Committee.... READ MORE

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