Articles and Blogs

In January of 2014, a relator filed suit against a Florida hospital system (“Health System”) under the False Claims Act. We originally reported on the suit against the Health System in this blog post. The suit garnered national attention based on the unique facts of the case. The suit involved a medical office building that was constructed…Read More

With employee health plan costs continuing to rise at an alarming rate, medium-sized employers are increasingly rejecting traditional insurance models built around a network of preferred providers and turning to a non-network model wherein the plan appoints a pricing consultant as a “Designated Decision Maker” (“DDM”) with discretionary and ultimate decision-making authority for determining the…Read More

All employers know that the U.S. Department of Labor (“DOL”) is the agency responsible for enforcement of the Fair Labor Standards Act – the federal law establishing minimum wage and overtime requirements for nearly every employer in the country. What you may not know is that the DOL can audit your workplace with or without notice. The…Read More

Senate Delays Vote on BCRA On June 27, Senate majority leader Mitch McConnell (R-KY) announced the Senate would delay voting on the Better Care Reconciliation Act (“BCRA”). The Senate was scheduled to vote Wednesday on a motion to proceed with debate on its version of legislation to repeal a significant portion of the Affordable Care Act….Read More

On June 27, in an anticipated move, the U.S. Secretary of Labor Alexander Acosta announced that the Department of Labor (“DOL”) will reinstate the issuance of opinion letters. The letters were a practice of the DOL for more than 70 years until 2010 when they were eliminated during President Obama’s administration in favor of broader…Read More

On June 16, 2017, CMS issued transmittal S&C: 17-35-ALL. This transmittal clarified CMS policy by stating a reasonable assurance period will apply if a provider or supplier voluntarily terminates its Medicare certification when an enforcement action has been initiated by the State Survey Agency. Section 2016 of the State Operations Manual allows a provider or…Read More

On June 16, 2017, CMS issued transmittal S&C: 17-34-ALL. This transmittal set forth changes to the format of Plans of Correction (“POC”) and Allegations of Compliance (“AOC”). Providers will no longer be required to write their POC/AOC on the right side of the CMS Form 2567 (“2567”). Providers are now allowed to submit the POC/AOC…Read More

On June 26, the Supreme Court granted certiorari to review the current administration’s executive orders barring people from certain countries from entering the United States. The Court granted a stay of the executive orders in part but will allow some people to be stopped at the border under the executive orders while the case is…Read More

Senate Releases Draft ACA Repeal and Replace Bill On June 22, the Senate released its version of legislation that would repeal and replace significant portions of the Affordable Care Act (“ACA”). The 142-page discussion draft, titled the Better Care Reconciliation Act (“BCRA”), is the first legislative text released by Senate leadership to repeal the ACA,…Read More

In case you missed it, on June 16, the American Health Law Association released a comprehensive member briefing entitled “The OIG’s Resource Guide: An Important New Tool for Measuring Compliance Program Effectiveness”[1] (Compliance Program Briefing). The Compliance Program Briefing was authored by four Hall Render attorneys. A copy of the Compliance Program Briefing can be…Read More